Evidence Part 2: Introduction to Confessions

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Questions and Answers

What is the definition of a confession according to s82(1) of PACE?

Any statement made under duress

Any statement made in the absence of a lawyer

Any statement made to a person in authority

Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not (correct)

What is the effect of oppression on a confession?

It makes the confession inadmissible (correct)

It requires corroboration of the confession

It has no effect on the confession

It makes the confession admissible

When can a confession be excluded under s76(2) of PACE?

When the confession is corroborated

When there is oppression or anything that makes the confession unreliable (correct)

When the confession is made to a person in authority

When the confession is made voluntarily

What is the test for admissibility of confessions?

A two-stage test, first decided by the judge and then by the jury Signup and view all the answers

What is the effect of R v Hasan on the definition of a confession?

It excluded statements intended to be exculpatory from the definition of a confession Signup and view all the answers

What is the purpose of the two-stage test for admissibility of confessions?

To ensure the jury is not exposed to information it might have to disregard Signup and view all the answers

What is required for a confession to be excluded under s76(2)(b) of PACE?

Something said or done that makes the confession unreliable Signup and view all the answers

What is an example of oppression, according to R v Fulling?

Persistent intimidation and bullying Signup and view all the answers

What is the effect of R v Mushtaq on the admissibility of confessions?

The jury decides if the confession was made under oppression or was unreliable Signup and view all the answers

What is the definition of 'oppression' in the context of confessions?

Harsh or wrongful exercise of power Signup and view all the answers

What is hearsay evidence?

Statements made outside of court about other facts Signup and view all the answers

Why is hearsay evidence generally inadmissible?

Because it only proves what was said, not what was said to have happened Signup and view all the answers

What is the primary consideration of the court when deciding whether to exclude a confession under s76(2)(b)?

The circumstances in which the confession was obtained Signup and view all the answers

What is an exception to the general rule of inadmissibility of hearsay evidence?

Confessions Signup and view all the answers

What is the purpose of granting access to legal advice under s58 of PACE?

To achieve fairness for both the defendant and the Crown Signup and view all the answers

What is a problem with the reliability of confessions?

All of the above Signup and view all the answers

What is an example of a coerced-compliant false confession?

A person is convinced that the costs of not confessing outweigh the benefits Signup and view all the answers

What is the effect of breaching s58 of PACE on a confession obtained?

The confession is prima facie inadmissible Signup and view all the answers

What is the term for police fabrication of a confession?

Verballing Signup and view all the answers

What is the purpose of the caution under Code C of PACE?

To inform the defendant of the charge and its consequences Signup and view all the answers

What is the significance of the decision in R v Law-Thompson?

The court held that the absence of an adult did not lead to an unreliable confession Signup and view all the answers

What is the scope of the discretionary power to exclude confessions under s78(1) of PACE?

Applies to any evidence that may affect the fairness of the proceedings Signup and view all the answers

What is the requirement under para 10.1 of PACE regarding the questioning of a detainee?

The detainee must be advised of the particular offence they are being questioned about. Signup and view all the answers

Who can be present with a juvenile or mentally disordered detainee during questioning?

An appropriate adult Signup and view all the answers

What is the consequence of not having an appropriate adult present during questioning?

The court may exclude the confession if it is considered unfair Signup and view all the answers

What is the requirement for recording interviews under PACE?

Audio recording is expected for indictable offences Signup and view all the answers

What happens to inadmissible confessions in terms of their use in an investigation?

They can still be used by the police in their investigation Signup and view all the answers

Can confessions be edited to protect other people, such as co-accused?

Only with the consent of the prosecution and the person who made the confession Signup and view all the answers

A breach of s58 of PACE can lead to the automatic exclusion of a confession.

False Signup and view all the answers

The absence of an appropriate adult during the questioning of a juvenile can lead to the exclusion of a confession.

False Signup and view all the answers

A confession obtained while someone is withdrawing from drugs can be considered unreliable.

True Signup and view all the answers

Discretionary exclusions under s78(1) of PACE only apply to confessions obtained in compliance with PACE Codes of Practice.

False Signup and view all the answers

A suspect must be cautioned before they are charged with an offense.

True Signup and view all the answers

The court's decision to exclude a confession under s76(2)(b) of PACE is solely based on the circumstances in which the confession was obtained.

False Signup and view all the answers

Confessions are always considered a form of direct testimony.

False Signup and view all the answers

Hearsay evidence is generally admissible in court.

False Signup and view all the answers

A confession is defined as any statement that is entirely in favor of the person who made it.

False Signup and view all the answers

Verballing is a type of false confession.

False Signup and view all the answers

If a detainee is to be questioned for a more serious offence, they must be advised of that before confessing.

True Signup and view all the answers

If a defendant makes a statement intended to be exculpatory, but it turns out to harm their defense, it is considered a confession.

False Signup and view all the answers

Under s76(2) of PACE, a judge has the discretion to exclude a confession obtained under oppression.

False Signup and view all the answers

Coerced-internalized false confessions occur when the defendant is convinced that the costs outweigh the benefits.

False Signup and view all the answers

Breaching the recording requirements of PACE automatically leads to the exclusion of the confession evidence.

False Signup and view all the answers

Harsh treatment of a person can be considered oppression.

True Signup and view all the answers

A witness testimony about what they heard someone else say is always considered direct testimony.

False Signup and view all the answers

A confession can be used against a co-defendant if it is admissible.

False Signup and view all the answers

Confessions can be admissible in court if they are reliable.

True Signup and view all the answers

Swearing and raised voices during an interview is always considered oppression.

False Signup and view all the answers

The court has the power to order the editing of an otherwise admissible confession to protect a co-accused.

False Signup and view all the answers

The presence of an appropriate adult is only required if the detainee is a juvenile or mentally disordered.

True Signup and view all the answers

A confession can be excluded under s76(2) of PACE if it is made under oppression or if it is likely to be unreliable.

True Signup and view all the answers

An inadmissible confession can be used by the police in their investigation, but any subsequent evidence cannot be linked to the inadmissible confession.

True Signup and view all the answers

The jury decides whether a confession is admissible under s76(2) of PACE.

False Signup and view all the answers

The two-stage test for admissibility of confessions is used to ensure the jury is not exposed to unreliable information.

True Signup and view all the answers

A confession can only be excluded under s76(2) of PACE if it is made to a person in authority.

False Signup and view all the answers

The general discretionary power to exclude evidence under s78 of PACE is only applicable to confessions.

False Signup and view all the answers

Study Notes

Legal Principles Regarding Confessions and Exclusions

Kirk was convicted of robbery and manslaughter; appeal focused on whether he was properly cautioned before confessing, which led the court to quash his convictions.
Under PACE Code C (Para 10.1), detainees must be notified if they will be questioned about a more serious offense before confessing.
The absence of an appropriate adult, as required under Code C (Para 11.15), can lead to consequences in confessions, especially if the suspect is a juvenile or mentally vulnerable.

Case Law Examples

In R v Aspinall, the absence of an appropriate adult during interrogation resulted in unreliable confessions and ultimately led to the appeal being allowed.
Breaches of recording requirements under PACE can also lead to inadmissible confessions, with audio recording essential for indictable offenses.

Use and Admissibility of Confessions

Inadmissible confessions cannot be linked to subsequent police evidence, maintaining traditional common law principles now reflected in PACE.
Admissible confessions are only usable against the person who made them; they cannot be employed against co-defendants.
Courts lack authority to edit confessions to protect co-accused unless consent from both the prosecution and the individual is obtained.

Admissibility Criteria

Determining if a confession should be excluded involves a two-stage test: first, whether the confession is admissible (legal question); second, if the confession was actually made (fact question).
Relevant case: Thongiai v R outlines this two-stage process for judges and juries.

Mechanisms for Exclusion of Confessions

Two main grounds for exclusion under PACE:
- Mandatory exclusion under s76 applies in cases of oppression or unreliability of confessions.
- Judges assess the situation as a matter of law for mandatory exclusions but juries can still consider issues like oppression.

Specific Provisions under PACE

Under s76(2)(a), confessions obtained under conditions of oppression are to be excluded, which includes torture or degrading treatment as per Article 3 of ECHR.
In R v Fulling, it was held that police assertions, while distressing, did not constitute oppression.

Reliability Concerns

Reliability issues with confessions include fabrication by police ("verballing"), false confessions (voluntary or coerced), and confessions obtained during conditions affecting the suspect's state (e.g., drug withdrawal).
Courts look at elements like the conduct of police, the confession itself, the suspect's vulnerabilities, and overall circumstances when evaluating reliability.

Discretionary and Mandatory Exclusions

Discretionary exclusions are guided by s78(1) of PACE, allowing courts to refuse evidence if it adversely affects fairness during proceedings.
Breach of legal advice access under s58 of PACE is significant; confessions obtained during such breaches risk being inadmissible but are ultimately a judicial decision.

Importance of Legal Cautions

Caution requirements as per Code C (Para 10.1) must clarify the seriousness of charges before interviews to safeguard defendants' rights.
If a suspect is not cautioned properly, it can invalidate their confessions and lead to appeals, as seen in Kirk's case with the theft leading to a fatal assault.

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Learn about confessions as a form of hearsay evidence, their admissibility in court, and the approach of the law towards this type of evidence. Understand the concept of hearsay evidence and its relation to confessions.

Evidence Part 2: Introduction to Confessions

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Questions and Answers

What is the definition of a confession according to s82(1) of PACE?

What is the effect of oppression on a confession?

When can a confession be excluded under s76(2) of PACE?

What is the test for admissibility of confessions?

What is the effect of R v Hasan on the definition of a confession?

What is the purpose of the two-stage test for admissibility of confessions?

What is required for a confession to be excluded under s76(2)(b) of PACE?

What is an example of oppression, according to R v Fulling?

What is the effect of R v Mushtaq on the admissibility of confessions?

What is the definition of 'oppression' in the context of confessions?

What is hearsay evidence?

Why is hearsay evidence generally inadmissible?

What is the primary consideration of the court when deciding whether to exclude a confession under s76(2)(b)?

What is an exception to the general rule of inadmissibility of hearsay evidence?

What is the purpose of granting access to legal advice under s58 of PACE?

What is a problem with the reliability of confessions?

What is an example of a coerced-compliant false confession?

What is the effect of breaching s58 of PACE on a confession obtained?

What is the term for police fabrication of a confession?

What is the purpose of the caution under Code C of PACE?

What is the significance of the decision in R v Law-Thompson?

What is the scope of the discretionary power to exclude confessions under s78(1) of PACE?

What is the requirement under para 10.1 of PACE regarding the questioning of a detainee?

Who can be present with a juvenile or mentally disordered detainee during questioning?

What is the consequence of not having an appropriate adult present during questioning?

What is the requirement for recording interviews under PACE?

What happens to inadmissible confessions in terms of their use in an investigation?

Can confessions be edited to protect other people, such as co-accused?

A breach of s58 of PACE can lead to the automatic exclusion of a confession.

The absence of an appropriate adult during the questioning of a juvenile can lead to the exclusion of a confession.

A confession obtained while someone is withdrawing from drugs can be considered unreliable.

Discretionary exclusions under s78(1) of PACE only apply to confessions obtained in compliance with PACE Codes of Practice.

A suspect must be cautioned before they are charged with an offense.

The court's decision to exclude a confession under s76(2)(b) of PACE is solely based on the circumstances in which the confession was obtained.

Confessions are always considered a form of direct testimony.

Hearsay evidence is generally admissible in court.

A confession is defined as any statement that is entirely in favor of the person who made it.

Verballing is a type of false confession.

If a detainee is to be questioned for a more serious offence, they must be advised of that before confessing.

If a defendant makes a statement intended to be exculpatory, but it turns out to harm their defense, it is considered a confession.

Under s76(2) of PACE, a judge has the discretion to exclude a confession obtained under oppression.

Coerced-internalized false confessions occur when the defendant is convinced that the costs outweigh the benefits.

Breaching the recording requirements of PACE automatically leads to the exclusion of the confession evidence.

Harsh treatment of a person can be considered oppression.

A witness testimony about what they heard someone else say is always considered direct testimony.

A confession can be used against a co-defendant if it is admissible.

Confessions can be admissible in court if they are reliable.

Swearing and raised voices during an interview is always considered oppression.

The court has the power to order the editing of an otherwise admissible confession to protect a co-accused.

The presence of an appropriate adult is only required if the detainee is a juvenile or mentally disordered.

A confession can be excluded under s76(2) of PACE if it is made under oppression or if it is likely to be unreliable.

An inadmissible confession can be used by the police in their investigation, but any subsequent evidence cannot be linked to the inadmissible confession.

The jury decides whether a confession is admissible under s76(2) of PACE.

The two-stage test for admissibility of confessions is used to ensure the jury is not exposed to unreliable information.

A confession can only be excluded under s76(2) of PACE if it is made to a person in authority.

The general discretionary power to exclude evidence under s78 of PACE is only applicable to confessions.

Study Notes

Legal Principles Regarding Confessions and Exclusions

Case Law Examples

Use and Admissibility of Confessions

Admissibility Criteria

Mechanisms for Exclusion of Confessions

Specific Provisions under PACE

Reliability Concerns

Discretionary and Mandatory Exclusions

Importance of Legal Cautions

Studying That Suits You

Description

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