Confessions

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Why might confession evidence be unreliable?
Person might make a confession to: seek publicity, protect another (guilty) person, might be made under pressure, police might make up existence of a confession.
1 of 15
Can someone be convicted solely on the basis of confession evidence?
Yes e.g. K (Julie) (murder conviction)
2 of 15
What are 5 ways in which the law has attempted to safeguard against evidence of confessions?
s.50, s.68 (of PACE), regulated by Codes of Practice C and E, conditions under which confession evidence can be admitted, possibility of disciplinary proceedings
3 of 15
Where is a confession defined?
s.82(1) PACE
4 of 15
Does a confession include "mixed statements"?
Yes
5 of 15
Does a confession include a "vacated plea" (where one initially pleads guilty but later changes their mind)?
Yes: Johnson (co-defendant could use vacated plea as a confession)
6 of 15
Does a confession include statements made to non-humans?
Yes: Henton (statement made to cat)
7 of 15
Under the common law, can D's silence in the face of an accusation amount to a confession?
Yes: Mitchell (2 part test --> where interrogator + suspect are on "equal terms" and circumstances are such that you'd expect a response to the accusation, silence can constitute an admission)
8 of 15
Give an example where D's silence constituted a confession (under common law)
Parkes v R: P murdered a girl, went out onto veranda holding a knife, mother of victim asked why he killed her, and P didn't response.
9 of 15
Under common law, what is the situation where D does not respond to a written accusation
Most likely won't constitute a confession: Edwards
10 of 15
What did the court say about a "failure to disassociate" in Collins and Keep? (i.e. where D1 tells a lie, and then police ask D2 whether he agrees with D1 - to which D2 says nothing)
Insufficient to constitute an admission
11 of 15
Which case might suggest that "failure to disassociate" could constitute a confession?
O (Stevie): O smirked after companion said V had been hit because he "didn't like Asian people"
12 of 15
Under the common law, can a denial constitute an admission?
Yes: Christie (where C just claimed his innocence, before anyone had accused him of anything)
13 of 15
What did the HOL hold in Hasan, on the topic of denials/off-record-conversations constituting admissions?
Off-the-record conversation revealing D had been lying wasn't a confession. Lord Steyn: earlier case Saunders was irrelevant (as it was concerned with evidence obtained under coercion)
14 of 15
Did HOL in Hasan say **.76(1) and 82(1) were compatible or incompatible with art.6 ECHR?
Compatible
15 of 15

Other cards in this set

Card 2

Front

Yes e.g. K (Julie) (murder conviction)

Back

Can someone be convicted solely on the basis of confession evidence?

Card 3

Front

s.50, s.68 (of PACE), regulated by Codes of Practice C and E, conditions under which confession evidence can be admitted, possibility of disciplinary proceedings

Back

Preview of the back of card 3

Card 4

Front

s.82(1) PACE

Back

Preview of the back of card 4

Card 5

Front

Yes

Back

Preview of the back of card 5
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