Confession evidence

Question 1

What is considered a “confession” under the Police and Criminal Evidence Act (PACE)?

Answer 1

A confession includes any statement, whether wholly or partly adverse, made by the accused, such as admitting presence at a crime scene

Question 2

When is a confession inadmissible in court?

Answer 2

If the prosecution cannot prove beyond reasonable doubt that the confession was not obtained by oppression or by conduct likely to render it unreliable.

Question 3

Q: How is the admissibility of a confession challenged in court?

Answer 3

Through a mini-hearing called a voir dire, where both sides present evidence on whether the confession should be excluded.

Question 4

What happens if police breach PACE rules when obtaining a confession?

Answer 4

A significant or substantial breach, or obtaining a confession through trickery or bad faith, can lead to the confession being excluded.

Question 5

Does the UK automatically exclude evidence discovered from an inadmissible confession?

Answer 5

No; under Section 78 of PACE, exclusion is discretionary, not automatic, even if the evidence was discovered through an inadmissible confession.