evidence 2

Question 1

What is the definition of a confession according to PACE 1984?

Answer 1

A confession is ‘any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise’ (PACE 1984, s 82(1)).

Question 2

What constitutes a confession under section 82(1) of PACE 1984?

Answer 2

Anything said by a defendant that constitutes an admission of any element of the offence or is detrimental to their case.

Question 3

Under what section of PACE 1984 is a confession admissible in evidence at trial?

Answer 3

Section 76(1) of PACE 1984.

Question 4

What does section 76(1) of PACE 1984 state regarding confessions?

Answer 4

A confession made by an accused person may be given in evidence against him insofar as it is relevant to any matter in issue and is not excluded by the court.

Question 5

What are ‘mixed statements’ in the context of confessions?

Answer 5

A confession that includes a statement which is favourable to the defendant.

Question 6

Is a confession made by a defendant admissible against a co-defendant?

Answer 6

Yes, any evidence from a co-defendant implicating another defendant is admissible.

Question 7

Can a defendant challenge the admissibility of their confession?

Answer 7

Yes, they can argue that they did not make the confession or that it should not be admitted.

Question 8

What does section 76(2) of PACE 1984 entail regarding the admissibility of confessions?

Answer 8

If a confession is obtained by oppression or in circumstances rendering it unreliable, it shall not be allowed as evidence unless proven otherwise.

Question 9

Define ‘oppression’ as per section 76(8) of PACE 1984.

Answer 9

‘Oppression’ includes torture, inhuman or degrading treatment, and the use or threat of violence.

Question 10

What must be demonstrated to challenge a confession based on unreliability?

Answer 10

Something must have been said or done that would render the confession unreliable.

Question 11

What are some examples of police conduct that may render a confession unreliable?

Answer 11

• Denying refreshments or rest
• Offering inducements to confess
• Misrepresenting the strength of the prosecution case
• Inappropriate questioning
• Questioning unfit suspects
• Threatening a suspect

Question 12

What case exemplifies oppression in obtaining a confession?

Answer 12

R v Paris (1993) 97 Cr App R 1999.

Question 13

What is the significance of access to legal advice in relation to confession admissibility?

Answer 13

Denial of access to legal advice can be a basis for arguing the unreliability of a confession.

Question 14

What does section 76A(1) of PACE 1984 allow regarding co-defendant confessions?

Answer 14

It allows a defendant to adduce evidence that a co-defendant has made a confession where both plead not guilty and are tried jointly.

Question 15

What is the court’s discretion under section 78 of PACE 1984?

Answer 15

The court can exclude confession evidence if its admission would adversely affect the fairness of proceedings.

Question 16

How does section 78 differ from section 76 concerning confession evidence?

Answer 16

Section 78 provides a general discretion to exclude evidence, while section 76 specifically addresses confessions made by the defendant.

Question 17

What is meant by ‘significant statements’ in the context of confessions?

Answer 17

Statements made by a suspect in the presence of police that can be used against them, particularly direct admissions of guilt.

Question 18

What is a significant statement in the context of police evidence?

Answer 18

A statement made by a suspect that can be used in evidence against them, particularly a direct admission of guilt.

Question 19

In which situations can a significant statement be made?

Answer 19

• Just before or at the time of arrest
• On the way to the police station following arrest
• While at the police station

Question 20

What is the statutory definition of a confession under s 82(1) of PACE 1984?

Answer 20

Something that is either wholly or partly adverse to the person who made it.

Question 21

What does paragraph 11.4 of Code C require the police to do at the beginning of a formal interview?

Answer 21

Put to the suspect any significant statements and ask if they confirm or deny that statement.

Question 22

What is Halim’s challenge regarding the admissibility of his statement?

Answer 22

He will likely challenge it under s 78 of PACE 1984 due to the police officer’s failure to address the statement at the start of the interview.

Question 23

True or False: A statement admitting to the actus reus and mens rea of assault is a full admission of guilt.

Answer 23

False.

Question 24

What is the procedure for challenging the admissibility of confession evidence in the Crown Court?

Answer 24

The trial judge determines admissibility in the absence of the jury at a voir dire.

Question 25

What happens if the judge rules a confession inadmissible in the Crown Court?

Answer 25

The jury hears nothing about the confession.

Question 26

What is the significance of a voir dire in the magistrates’ court?

Answer 26

A ruling on the admissibility of a disputed confession is sought when the interviewing officer gives evidence.

Question 27

What does s 76(4) of PACE 1984 state about evidence discovered as a result of an inadmissible confession?

Answer 27

The inadmissibility of a confession does not affect the admissibility of any facts discovered as a result.

Question 28

Define 'bad character' according to s 98 of the Criminal Justice Act 2003.

Answer 28

'Bad character' is evidence of, or a disposition towards, misconduct, excluding evidence connected with the charged offence.

Question 29

What are the 7 gateways through which bad character evidence may be admitted?

Answer 29

* Agreement by all parties * Evidence adduced by the defendant * Important explanatory evidence * Relevant to an important matter in issue * Substantial probative value * Correcting a false impression * Attack on another person’s character

Question 30

What is required for the prosecution to introduce bad character evidence under gateway (d)?

Answer 30

It must be relevant to an important matter in issue between the defendant and the prosecution.

Question 31

What does s 103(2) of the CJA 2003 establish regarding a defendant's propensity?

Answer 31

A defendant's propensity to commit offences may be established by evidence of previous convictions for similar offences.

Question 32

What is the significance of the Court of Appeal's guidelines in R v Hanson regarding bad character evidence?

Answer 32

Judges must consider if the defendant's history shows propensity, if that makes it more likely they committed the current offence, and if it's just to rely on such convictions.

Question 33

What factors may affect the admissibility of previous convictions to demonstrate propensity?

Answer 33

* Number of previous convictions * Time passed since the conviction * Distinguishing circumstances

Question 34

True or False: Previous convictions of the same description or category are the only ones admissible to show propensity.

Answer 34

False.

Question 35

What is the significance of previous convictions in establishing propensity?

Answer 35

Previous convictions can be relied upon to show propensity beyond just offences of the same description or category. ## Footnote The fewer previous convictions a defendant has, the less likely it is that propensity will be established.

Question 36

How many previous convictions are likely to show propensity?

Answer 36

One previous conviction is unlikely to show propensity unless there are distinguishing circumstances or unusual behavior. ## Footnote Examples of unusual behavior include fire starting and sexual abuse of children.

Question 37

What was the ruling in R v Bennabou regarding the admissibility of a single rape conviction?

Answer 37

The Court of Appeal held that a single conviction for rape should not have been admitted as bad character evidence for counts of sexual assault and assault by penetration. ## Footnote The conviction was technically admissible but had limited probative value and a highly prejudicial effect on fairness.

Question 38

What must the CPS demonstrate to introduce evidence of a defendant's previous convictions to show untruthfulness?

Answer 38

The CPS must show that the defendant's case is suggested to be untruthful (s 103(1)(b)).

Question 39

What distinguishes a propensity to be dishonest from a propensity to be untruthful?

Answer 39

Only previous convictions demonstrating a propensity to deceive or mislead through false representations are admissible to show untruthfulness. ## Footnote Examples include perjury and fraud by false representation.

Question 40

What types of offences can demonstrate a propensity to be untruthful?

Answer 40

Offences where the defendant actively sought to deceive or mislead another person, such as: * Perjury * Fraud by false representation

Question 41

Can convictions following a not guilty plea be admitted as evidence?

Answer 41

Yes, if the defendant testified but was not believed, demonstrating untruthfulness.

Question 42

Under what circumstances must evidence be excluded according to s 101(3) of the CJA 2003?

Answer 42

Evidence must be excluded if its admission adversely affects the fairness of the proceedings.

Question 43

What are the three situations where courts are likely to exclude evidence under s 101(3)?

Answer 43

* Jury likely to convict based solely on previous convictions * Evidence is more prejudicial than probative * Previous convictions are 'spent'

Question 44

What does the Rehabilitation of Offenders Act 1974 state about spent convictions?

Answer 44

After a prescribed period, certain convictions are spent, meaning the convicted person is treated as if they were never convicted for most purposes.

Question 45

What are the rehabilitation periods for various sentences according to the Rehabilitation of Offenders Act 1974?

Answer 45

* Absolute discharge: None * Conditional discharge: None * Fine: 1 year * Community order: 1 year * Custodial sentence up to 6 months: 2 years * Custodial sentence between 6 and 30 months: 4 years * Custodial sentence between 30 months and 4 years: 7 years * Custodial sentence over 4 years: never spent

Question 46

What does gateway (d) seek to demonstrate regarding previous convictions?

Answer 46

It seeks to demonstrate that: * The defendant has a propensity to commit offences of the kind charged * The defendant has a propensity to be untruthful

Question 47

How can a defendant's solicitor challenge the admissibility of previous convictions under gateway (d)?

Answer 47

By arguing: * Previous convictions do not show the relevant propensity * Factual circumstances differ from current offence * Time elapsed since previous convictions * Propensity does not increase likelihood of guilt

Question 48

What is the purpose of gateway (e) in admitting bad character evidence?

Answer 48

To admit evidence of a co-defendant's bad character to demonstrate propensity to be untruthful or commit the same kind of offence.

Question 49

What must a co-defendant demonstrate to introduce evidence of another defendant's previous convictions?

Answer 49

The convictions must be relevant to an important matter in issue and not merely marginal or trivial.

Question 50

What does section 104(1) of the CJA 2003 state about evidence relevant to untruthfulness?

Answer 50

It is admissible only if the nature or conduct of the defendant's defence undermines the co-defendant's defence.

Question 51

What constitutes an attack on another person's character according to gateway (g)?

Answer 51

An attack on character can include assertions that another person has committed an offence or behaves reprehensibly.

Question 52

In which scenario may the prosecution introduce evidence of a defendant's previous convictions under gateway (g)?

Answer 52

When the defendant attacks another person's character.

Question 53

What was determined in R v Ball regarding character attacks?

Answer 53

The defendant's disparaging remark about the complainant's character allowed the CPS to introduce previous convictions.

Question 54

What was the defendant charged with in the case discussed?

Answer 54

Rape

Question 55

What defense did the defendant raise during the trial?

Answer 55

Consent

Question 56

What disparaging remark did the defendant make about the complainant?

Answer 56

Referred to her as a 'slag'

Question 57

What was the consequence of the defendant's remark about the complainant?

Answer 57

Enabled the CPS to raise evidence of the defendant's previous convictions

Question 58

In R v Williams [2007], what did the defense allege about the police officers?

Answer 58

That the officers conspired to 'set the defendant up'

Question 59

What did the trial judge rule regarding the allegation against the police officers?

Answer 59

It was an attack on the character of the officers under gateway (g)

Question 60

What must the court exclude if it has an adverse effect on fairness according to CJA 2003, s 101(3)?

Answer 60

Evidence admitted under gateway (g)

Question 61

Under which provisions can the court exclude bad character evidence?

Answer 61

CJA 2003 under gateways (d) and (g)

Question 62

What discretionary power does the court have under s 78 of PACE 1984?

Answer 62

To exclude evidence that adversely affects the fairness of the proceedings

Question 63

What does Section 107 of the CJA 2003 allow a judge to do?

Answer 63

Direct the jury to acquit the defendant or order a retrial if evidence is 'contaminated'

Question 64

What is required if the CPS wishes to adduce evidence of the defendant's bad character?

Answer 64

Notice must be given to the court and other parties

Question 65

What must be attached to the notice when adducin bad character evidence?

Answer 65

A written record of previous convictions

Question 66

What limited grounds allow the bad character of persons other than the defendant to be admissible?

Answer 66

* Important explanatory evidence * Substantial probative value * Agreement of all parties

Question 67

What is required for evidence to be considered important explanatory evidence under s 100(1)(a)?

Answer 67

It must be essential for understanding other evidence in the case

Question 68

What must the court assess when considering the probative value of evidence under s 100(1)(b)?

Answer 68

* Nature and number of events * Timing of those events

Question 69

What type of previous convictions may undermine a witness's credibility?

Answer 69

* Perjury * Fraud by false representation * Theft related to dishonesty

Question 70

What does s 100(4) require when adducin evidence of the bad character of a person other than the defendant?

Answer 70

Leave of the court

Question 71

What does s 78(1) of PACE 1984 state about evidence in proceedings?

Answer 71

The court may refuse evidence if its admission would adversely affect the fairness of the proceedings

Question 72

What are common examples of prosecution evidence a defendant may seek to exclude under s 78?

Answer 72

* Evidence obtained from illegal searches * Identification evidence * Confession evidence * Covert surveillance evidence * Undercover police operation evidence

Question 73

What does Article 6 of the ECHR guarantee to anyone charged with a criminal offence?

Answer 73

The right to a fair hearing

Question 74

What has the European Court of Human Rights stated about a defendant's rights under Article 6?

Answer 74

The key question is whether the proceedings as a whole were fair

Question 75

What is the purpose of the discretion given to a trial judge under s 78?

Answer 75

To exclude evidence that would lead to unfairness, ensuring a fair trial for the defendant ## Footnote This discretion is crucial for maintaining the integrity of legal proceedings.

Question 76

What key question must be answered to determine a breach of Article 6 rights?

Answer 76

Whether the proceedings as a whole were fair ## Footnote This principle was reiterated by the European Court of Human Rights in cases like Khan v United Kingdom.

Question 77

What is the significance of s 78 in trial proceedings?

Answer 77

It ensures that evidence is excluded if its admission would compromise the fairness of the trial ## Footnote This section emphasizes the importance of fair trial standards.

Question 78

What did the House of Lords state regarding the defense of entrapment in R v Sang?

Answer 78

There is no defense known as 'entrapment' ## Footnote However, evidence obtained through entrapment can still be challenged under s 78.

Question 79

In the case R v Loosely; AG’s Reference No 3 of 2000, what was the underlying issue with the police's actions?

Answer 79

The police incited the accused to commit the offence ## Footnote This led to the exclusion of evidence and the trial judge staying the proceedings as an abuse of process.

Question 80

What are the guidelines for trial judges when considering abuse of process?

Answer 80

1. The nature of the investigation 2. The nature of the offence 3. The nature of police involvement 4. The defendant’s criminal record 5. The level of supervision of undercover officers ## Footnote These factors help assess whether the prosecution should continue.

Question 81

True or False: The courts should scrutinize less intrusive investigations more rigorously.

Answer 81

False ## Footnote The more intrusive the investigation, the harder the courts should scrutinize it.

Question 82

Fill in the blank: In cases where police behavior is excessive, courts may find that the prosecution represents an _______.

Answer 82

abuse of process ## Footnote This can lead to staying the proceedings.

Question 83

What role does the defendant’s criminal record play in determining abuse of process?

Answer 83

Usually not relevant unless there is evidence of recent similar involvement ## Footnote This ensures that past behavior does not unfairly influence the current case.

Question 84

How should undercover officers behave to avoid claims of abuse of process?

Answer 84

They should behave like a 'normal customer' and not overly persuade the defendant ## Footnote This guideline helps maintain lawful conduct during investigations.