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Mike wishes to have his confession excluded. Which of the following is CORRECT?
[A] His confession appears to be reliable, so he has no grounds for challenging its admissibility.
[B] The defence can only have the confession excluded by proving beyond reasonable doubt that the confession was obtained by oppression or was unreliable.
[C] The defence could represent that the confession was obtained by oppression or in circumstances likely to make the confession unreliable. The prosecution would then have to prove beyond reasonable doubt that this was not the case.
[D] The defence could represent that the confession was obtained by oppression or in circumstances likely to make the confession unreliable. The prosecution would then have to prove on the balance of probabilities that this was not the case.
[C] The defence could represent that the confession was obtained by oppression or in circumstances likely to make the confession unreliable. The prosecution would then have to prove beyond reasonable doubt that this was not the case.
Correct. See s.76(2) PACE 1984.
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Which of the following is CORRECT?
[A] If the confession is ruled admissible, it is still open to the jury to decide whether the confession is true.
[B] If Mike denies making the confession, the judge will decide in the absence of the jury whether Mike did make the confession.
[C] The jury decides the admissibility of the confession.
[D] Any evidence discovered as a result of the confession can still be admitted and linked back to the confession, even if the confession is excluded.
[A] If the confession is ruled admissible, it is still open to the jury to decide whether the confession is true.
Correct. See s.76 PACE 1984 and Mushtaq [2005] 2 Cr.App.R.32.
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Assume that Mike's confession is ruled admissible.
Which of the following is CORRECT?
[A] At common law the confession is admissible against Mike and Frank.
[B] The statement must be edited to exclude any reference to Frank.
[C] The judge must order separate trials in order to avoid prejudice to Frank as a result of Mike’s confession.
[D] At common law the confession is only admissible against Mike.
[D] At common law the confession is only admissible against Mike.
Correct. See Rhodes. (NB please remember that ‘confession’ is also defined under statute in s82 PACE 1984 ie ‘wholly or partly adverse to the maker’; this statutory definition also implies that the confession is only admissible against the maker.)
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Which of the following statements, regarding the exclusion of prosecution evidence, is CORRECT?
[A] In the Crown Court s.78 PACE cannot be used to exclude prosecution evidence, after the evidence has been placed before the court.
[B] The common law test for the exclusion of prosecution evidence is based solely on its probative value measured against its prejudicial effect.
[C] The common law test for the exclusion of prosecution evidence is based solely on whether it is fair to admit the evidence.
[D] It is never appropriate to hold a voir dire when an application is made under s.78 PACE.
[A] In the Crown Court s.78 PACE cannot be used to exclude prosecution evidence, after the evidence has been placed before the court.
Correct. See the wording of s.78.
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What is a confession?
A wholly or partial admission communication by the accused which adversely effects him
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Does a confession need to be oral?
NO. It can also be in writing, by conduct, through silence, jesture
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What section of PACE governs confessions?
Section 76 of PACE:
- Oppression...
- something said or done to induce...
LIKELY TO RENDER CONFESSION UNRELIABLE...
...then the court shall not allow the confession.
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If a confession is held inadmissible, is evidence obtained as a result of that confession admissible?
Hell yes!
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What provision of PACE deals with illegally obtained evidence?
Section 78 of PACE:
Where process by which evidence obtained would have such an adverse effect on the fairness of proceedings, it will not be allowed.
This point of this provision is not to punish sloppy police work.
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Do the provision in PACE repeal the common law principles on confessions and illegally obtained evidence?
No. But people generally rely on PACE 76 and 78.
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