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?

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

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

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

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

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

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

    <p>Something said or done that makes the confession unreliable</p> Signup and view all the answers

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

    <p>Persistent intimidation and bullying</p> Signup and view all the answers

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

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

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

    <p>Harsh or wrongful exercise of power</p> Signup and view all the answers

    What is hearsay evidence?

    <p>Statements made outside of court about other facts</p> Signup and view all the answers

    Why is hearsay evidence generally inadmissible?

    <p>Because it only proves what was said, not what was said to have happened</p> 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)?

    <p>The circumstances in which the confession was obtained</p> Signup and view all the answers

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

    <p>Confessions</p> Signup and view all the answers

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

    <p>To achieve fairness for both the defendant and the Crown</p> Signup and view all the answers

    What is a problem with the reliability of confessions?

    <p>All of the above</p> Signup and view all the answers

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

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

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

    <p>The confession is prima facie inadmissible</p> Signup and view all the answers

    What is the term for police fabrication of a confession?

    <p>Verballing</p> Signup and view all the answers

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

    <p>To inform the defendant of the charge and its consequences</p> Signup and view all the answers

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

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

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

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

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

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

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

    <p>An appropriate adult</p> Signup and view all the answers

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

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

    What is the requirement for recording interviews under PACE?

    <p>Audio recording is expected for indictable offences</p> Signup and view all the answers

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

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

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

    <p>Only with the consent of the prosecution and the person who made the confession</p> Signup and view all the answers

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

    <p>False</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> 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.

    <p>False</p> Signup and view all the answers

    Confessions are always considered a form of direct testimony.

    <p>False</p> Signup and view all the answers

    Hearsay evidence is generally admissible in court.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Verballing is a type of false confession.

    <p>False</p> 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.

    <p>True</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Harsh treatment of a person can be considered oppression.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Confessions can be admissible in court if they are reliable.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>True</p> 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.

    <p>True</p> 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.

    <p>True</p> Signup and view all the answers

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

    <p>False</p> 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.

    <p>True</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Study Notes

    • 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.
    • 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.

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