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Questions and Answers
What is the definition of a confession according to s82(1) of PACE?
What is the definition of a confession according to s82(1) of PACE?
What is the effect of oppression on a confession?
What is the effect of oppression on a confession?
When can a confession be excluded under s76(2) of PACE?
When can a confession be excluded under s76(2) of PACE?
What is the test for admissibility of confessions?
What is the test for admissibility of confessions?
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What is the effect of R v Hasan on the definition of a confession?
What is the effect of R v Hasan on the definition of a confession?
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What is the purpose of the two-stage test for admissibility of confessions?
What is the purpose of the two-stage test for admissibility of confessions?
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What is required for a confession to be excluded under s76(2)(b) of PACE?
What is required for a confession to be excluded under s76(2)(b) of PACE?
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What is an example of oppression, according to R v Fulling?
What is an example of oppression, according to R v Fulling?
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What is the effect of R v Mushtaq on the admissibility of confessions?
What is the effect of R v Mushtaq on the admissibility of confessions?
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What is the definition of 'oppression' in the context of confessions?
What is the definition of 'oppression' in the context of confessions?
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What is hearsay evidence?
What is hearsay evidence?
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Why is hearsay evidence generally inadmissible?
Why is hearsay evidence generally inadmissible?
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What is the primary consideration of the court when deciding whether to exclude a confession under s76(2)(b)?
What is the primary consideration of the court when deciding whether to exclude a confession under s76(2)(b)?
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What is an exception to the general rule of inadmissibility of hearsay evidence?
What is an exception to the general rule of inadmissibility of hearsay evidence?
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What is the purpose of granting access to legal advice under s58 of PACE?
What is the purpose of granting access to legal advice under s58 of PACE?
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What is a problem with the reliability of confessions?
What is a problem with the reliability of confessions?
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What is an example of a coerced-compliant false confession?
What is an example of a coerced-compliant false confession?
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What is the effect of breaching s58 of PACE on a confession obtained?
What is the effect of breaching s58 of PACE on a confession obtained?
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What is the term for police fabrication of a confession?
What is the term for police fabrication of a confession?
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What is the purpose of the caution under Code C of PACE?
What is the purpose of the caution under Code C of PACE?
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What is the significance of the decision in R v Law-Thompson?
What is the significance of the decision in R v Law-Thompson?
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What is the scope of the discretionary power to exclude confessions under s78(1) of PACE?
What is the scope of the discretionary power to exclude confessions under s78(1) of PACE?
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What is the requirement under para 10.1 of PACE regarding the questioning of a detainee?
What is the requirement under para 10.1 of PACE regarding the questioning of a detainee?
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Who can be present with a juvenile or mentally disordered detainee during questioning?
Who can be present with a juvenile or mentally disordered detainee during questioning?
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What is the consequence of not having an appropriate adult present during questioning?
What is the consequence of not having an appropriate adult present during questioning?
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What is the requirement for recording interviews under PACE?
What is the requirement for recording interviews under PACE?
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What happens to inadmissible confessions in terms of their use in an investigation?
What happens to inadmissible confessions in terms of their use in an investigation?
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Can confessions be edited to protect other people, such as co-accused?
Can confessions be edited to protect other people, such as co-accused?
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A breach of s58 of PACE can lead to the automatic exclusion of a confession.
A breach of s58 of PACE can lead to the automatic exclusion of a confession.
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The absence of an appropriate adult during the questioning of a juvenile can lead to the exclusion of a confession.
The absence of an appropriate adult during the questioning of a juvenile can lead to the exclusion of a confession.
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A confession obtained while someone is withdrawing from drugs can be considered unreliable.
A confession obtained while someone is withdrawing from drugs can be considered unreliable.
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Discretionary exclusions under s78(1) of PACE only apply to confessions obtained in compliance with PACE Codes of Practice.
Discretionary exclusions under s78(1) of PACE only apply to confessions obtained in compliance with PACE Codes of Practice.
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A suspect must be cautioned before they are charged with an offense.
A suspect must be cautioned before they are charged with an offense.
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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.
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.
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Confessions are always considered a form of direct testimony.
Confessions are always considered a form of direct testimony.
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Hearsay evidence is generally admissible in court.
Hearsay evidence is generally admissible in court.
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A confession is defined as any statement that is entirely in favor of the person who made it.
A confession is defined as any statement that is entirely in favor of the person who made it.
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Verballing is a type of false confession.
Verballing is a type of false confession.
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If a detainee is to be questioned for a more serious offence, they must be advised of that before confessing.
If a detainee is to be questioned for a more serious offence, they must be advised of that before confessing.
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If a defendant makes a statement intended to be exculpatory, but it turns out to harm their defense, it is considered a confession.
If a defendant makes a statement intended to be exculpatory, but it turns out to harm their defense, it is considered a confession.
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Under s76(2) of PACE, a judge has the discretion to exclude a confession obtained under oppression.
Under s76(2) of PACE, a judge has the discretion to exclude a confession obtained under oppression.
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Coerced-internalized false confessions occur when the defendant is convinced that the costs outweigh the benefits.
Coerced-internalized false confessions occur when the defendant is convinced that the costs outweigh the benefits.
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Breaching the recording requirements of PACE automatically leads to the exclusion of the confession evidence.
Breaching the recording requirements of PACE automatically leads to the exclusion of the confession evidence.
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Harsh treatment of a person can be considered oppression.
Harsh treatment of a person can be considered oppression.
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A witness testimony about what they heard someone else say is always considered direct testimony.
A witness testimony about what they heard someone else say is always considered direct testimony.
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A confession can be used against a co-defendant if it is admissible.
A confession can be used against a co-defendant if it is admissible.
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Confessions can be admissible in court if they are reliable.
Confessions can be admissible in court if they are reliable.
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Swearing and raised voices during an interview is always considered oppression.
Swearing and raised voices during an interview is always considered oppression.
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The court has the power to order the editing of an otherwise admissible confession to protect a co-accused.
The court has the power to order the editing of an otherwise admissible confession to protect a co-accused.
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The presence of an appropriate adult is only required if the detainee is a juvenile or mentally disordered.
The presence of an appropriate adult is only required if the detainee is a juvenile or mentally disordered.
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A confession can be excluded under s76(2) of PACE if it is made under oppression or if it is likely to be unreliable.
A confession can be excluded under s76(2) of PACE if it is made under oppression or if it is likely to be unreliable.
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An inadmissible confession can be used by the police in their investigation, but any subsequent evidence cannot be linked to the inadmissible confession.
An inadmissible confession can be used by the police in their investigation, but any subsequent evidence cannot be linked to the inadmissible confession.
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The jury decides whether a confession is admissible under s76(2) of PACE.
The jury decides whether a confession is admissible under s76(2) of PACE.
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The two-stage test for admissibility of confessions is used to ensure the jury is not exposed to unreliable information.
The two-stage test for admissibility of confessions is used to ensure the jury is not exposed to unreliable information.
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A confession can only be excluded under s76(2) of PACE if it is made to a person in authority.
A confession can only be excluded under s76(2) of PACE if it is made to a person in authority.
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The general discretionary power to exclude evidence under s78 of PACE is only applicable to confessions.
The general discretionary power to exclude evidence under s78 of PACE is only applicable to confessions.
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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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Description
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.
