Confessions Flashcards
(10 cards)
What is PACE?
Police and Criminal Evidence Act 1984
What does Section 76 PACE say?
In any proceedings a confession made by an accused person may be given in evidence against them as long as it is relevant and not excluded by court.
why would the court exclude a confession from being used in evidence?
Court finds that confession was obtained in a way that is not legally acceptable
What does section 82 of PACE say?
outlines the definition of ‘confession’
it includes any statement wholly or partly adverse to the person who made it
What is Section 78 of PACE?
Making sure evidence is obtained fairly and in accordance with legal procedures.
What does section 78 PACE say?
Court may refuse to allow evidence on which the prosecution proposes to rely on if it appears to the court that, having regard for all the circumstances, the admission would have such an adverse effect on the fairness of the proceedings that the court not admit it.
What does section 78 take into account?
how evidence was obtained e.g any breeches of legal procedures. Behaviour of police (misconduct, coercion). Potential impact on defendants right to a fair trial.
What is CJA
Criminal Justice Act 2003
What is section 98 of CJA?
‘evidence of, or of a disposition towards, misconduct’
What does section 112 of CJA mean?
‘misconduct means the commission of an offence or other reprehensible behaviour’
