Topic 10 - Evidence - Excluding confessions Flashcards
(50 cards)
What is the main provision through which the admissibility of a confession can be challenged?
Police and Criminal Evidence Act 1984, s.76
This section allows challenges based on oppression or unreliability of the confession.
How is a ‘confession’ defined in the Police and Criminal Evidence Act 1984?
A 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
This includes unequivocal confessions of guilt and mixed statements.
What types of statements are included in the definition of a confession?
- Unequivocal confessions of guilt
- Mixed statements
- Nods, signs, or gestures in certain contexts
Wholly exculpatory statements do not qualify as confessions.
Under what conditions can a confession be admitted as evidence according to s.76(1)?
If it is relevant to any matter in issue and is not excluded by the court
This requires the prosecution to prove the confession’s admissibility.
What must the prosecution prove if a confession is challenged under s.76(2)(a)?
That the confession was not obtained by oppression
Oppression includes torture, inhuman or degrading treatment.
What does ‘oppression’ include according to s.76(8)?
- Torture
- Inhuman or degrading treatment
- Use or threat of violence
This definition aligns with the European Convention on Human Rights, Article 3.
What is required for a confession to be excluded under s.76(2)(b)?
It must be represented to the court that the confession was likely obtained in consequence of something said or done that rendered it unreliable
The court must assess the likelihood of unreliability based on the circumstances.
What is the objective test applied when considering the reliability of a confession?
Whether the thing said or done was likely to render the confession unreliable in the circumstances
The actual truth of the confession is not considered at this stage.
What is the first step in approaching s.76(2)(b) cases?
Identify the thing said or done
This can include promises, inducements, or omissions by the police.
What must the prosecution prove under s.76(2)(b) if a confession is challenged?
That the confession was not obtained in consequence of the thing said or done
This must be proven beyond reasonable doubt.
What is an example of a situation that could render a confession unreliable due to deprivation of sleep?
R v Trussler - The defendant was 18 hours without rest prior to his confession
This was recognized as a clear breach of Code C.
What was the outcome in R v Doolan regarding a failure to caution?
The confession was wrongly admitted due to the failure to caution, making it likely unreliable
The court found that the failure to caution affected the confession’s reliability.
In R v McGovern, what factors contributed to the confession being deemed unreliable?
- Denial of access to legal advice
- The defendant’s young age and limited intelligence
- Illness and distress
The first confession was excluded due to these factors.
What is the relationship between oppression and unreliability in challenging a confession?
Conduct may amount to both ‘oppression’ and ‘anything said or done’
Challenges can be based on either or both provisions depending on the circumstances.
Fill in the blank: A confession can be challenged under s.76(2)(a) for _______.
[oppression]
True or False: A confession that is true cannot be excluded under s.76.
False
Even true confessions can be excluded if obtained under oppression or likely to be unreliable.
What does PACE stand for?
Police and Criminal Evidence Act
What is the significance of section 76(2)(b) of PACE?
It addresses whether the prosecution has proved beyond reasonable doubt that a confession was not obtained in consequence of any improper actions.
In the case of Barry [1991], what must the judge approach when assessing confessions?
This is a question of fact for the judge and must be approached in a common sense way.
What happens if Defence Counsel represents that a confession was likely obtained improperly?
The court shall not allow the confession to be given in evidence unless the prosecution proves beyond reasonable doubt that it was not obtained improperly.
What does section 76(4)(a) PACE state regarding confessions?
It states that the fact that a confession is excluded does not affect the admissibility of any facts discovered as a result of the confession.
What is the ‘fruit of the poisoned tree’ doctrine?
There is no rule excluding the ‘fruit of the poisoned tree’; facts discovered as a result of an excluded confession can still be admissible.
What does section 76(4)(b) PACE allow for?
It allows the prosecution to use part of the confession to show how the accused speaks, writes, or expresses himself.
What are the four key aspects to making an application to exclude confessions?
- Advance notification
- Timing
- Voir dire
- Submissions
