Hurdle to be cleared by confession evidence: common law discretion

Created by: Sarah Roche
Created on: 08-06-17 11:46

Which provision preserves common law discretion?

s.82(3)

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Where might common law discretion have a role (considering s.78)?

Where P has already relied on confession evidence at voir dire (so confession evidence has already been admitted), but court changes its mind about admissibility, yet s.78 cannot apply - judge might exclude confession evidence under s.82(3) instead

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In which case was s.82(3) used because there was the "typical situation"?

Sat-Bhambra

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Provide another example of case where subsequent, properly conducted interviews couldn't "wipe the slate clean"

Ismail (other example was McGovern): 6 interviews (a number of which were improperly conducted), I's person circumstances (mental health issues, didn't speak much English)

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What is the "fruit of the poisoned tree" doctrine?

Subsequently discovered facts are inadmissible if found as a result of an inadmissible confession

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In which jurisdiction does the "fruit of a poisoned tree" doctrine apply/not apply?

Applies in USA, doesn't apply in UK (s.76(4) - (5))

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Give an example of where s.76(4)(b) applied

Nottle: D damaged cars by scratching "f*** you, Jutin" (spelling mistake - meant to be "Justin") - D's writing of this in same way in interrogation = admissible

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Card 2

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Where might common law discretion have a role (considering s.78)?

Card 3

Front

Sat-Bhambra

Back

Card 4

Front

Ismail (other example was McGovern): 6 interviews (a number of which were improperly conducted), I's person circumstances (mental health issues, didn't speak much English)

Back

Card 5

Front

Subsequently discovered facts are inadmissible if found as a result of an inadmissible confession

Back

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Hurdle to be cleared by confession evidence: common law discretion