Hurdles to be Cleared by Confession Evidence (x 3)

?
Where are the four hurdles which need to be cleared by confession evidence found?
s.76(1) - (3) PACE
1 of 31
Where is the admissibility of a confession to be determined? And by whom?
At a voir dire, by a judge (which has the same structure as a normal trial)
2 of 31
After voir dire, matter must still be left to jury - what does Mushtaq say about this?
Jury must follow judge's directions - if judge says confession is admissible, but jury find it to have been obtained by improper means, jury must disregard confession
3 of 31
Is evidence given by D during voir dire revealed to the court when the trial resumes?
No: Brophy (although it might be admitted under s.76, judge will almost definitely use s.78)
4 of 31
Why should evidence given by D during voir dire not be revealed to court?
D should have complete freedom in contesting admissibility of confession (and not have to "look over his shoulder")
5 of 31
Is s.76(2)(a) at all concerned with reliability of the evidence?
No (whereas s.76(2)(b) is)
6 of 31
s.76(2)(a): was there oppression in Fulling?
No: police officer's alleged comment to D before interview, that woman in next-door cell was having an affair with D, didn't constitute oppression
7 of 31
Why was the court behaving strangely in Fulling?
Overlooked definition of oppression completely (provided in s.76(8)) - looked at dictionary definition and a bishop's sermon instead
8 of 31
s.76(2)(a): give an example of where there was oppression
Paris et al: D had learning difficulties, he was accused of committing offence about 300 times in a "hectoring manner"
9 of 31
s.76(2)(b): give an example of where this was satisfied
McGovern: no legal advice, no making of notes (relevant circumstances = D's almost "subnormal" IQ, and fact that she was pregnant and thus very emotional)
10 of 31
s.76(2)(b): can a 2nd, properly conducted interview, "wipe the slate clean" and render the confession admissible?
Depends on circumstances (e.g. not in McGovern, but 2nd confession in 2nd interview in Ahmed was admissible)
11 of 31
s.76(2)(b): by whom must things be said or done?
Crampton: primary by interrogator, but sometimes 3rd parties e.g. family, solicitor (definitely not by confession maker himself)
12 of 31
s.76(2)(b): what are the 'circumstances existing at the time'?
Low mental age (as in Everett), severe personality disorder (as in Walker) - it also doesn't matter whether interrogator recognised these issues
13 of 31
s.76(2)(b): which case shows that, where confession maker's motive is unrelated to reliability of confession, it will be completely disregarded?
Wahab: motivation to help family wasn't a relevant circumstance
14 of 31
s.76(2)(b): what is the 3-stage process required, as identified in Barry?
(1) Identify thing that is said or done, (2) against background of circumstances, ask whether reliability (of present confession or any future confessions) has been affected, (3) has P has satisfied beyond reasonable doubt s.76(2)(b) isn't satisfied
15 of 31
s.78 discretion: which other provision might feed into exercise of this discretion?
s.67(11)
16 of 31
What are 3 "triggering factors" leading to exercise of s.78 discretion?
Failure to caution, failure to keep records, no legal representation
17 of 31
Are people other than police officers bound by PACE Code C?
Yes: s.67(9) (all about the circumstances)
18 of 31
Give an example of someone bound by PACE Codes under s.67(9)
Inland Revenue's "special compliance officers": Gill (because crime of tax fraud is involved)
19 of 31
Give another example of someone bound by PACE Codes under s.67(9)
Bayliss: store detective who questions people suspected of shoplifting
20 of 31
Which case stated that breaches of PACE Codes will need to 'significant and substantial' in order to prompt exercise of s.78 discretion?
Absolam
21 of 31
Where was there a failure to inform D of his rights? (which was equated to a denial of D's rights)
Beycan: confession subsequently made by H was inadmissible
22 of 31
In which case did deprivation of legal advice render confession inadmissible?
Samuel
23 of 31
How did Alladice affect ruling in Samuel on deprivation of legal advice?
Despite breach of s.58, confession wasn't to be excluded under s.78 (because A was familiar with police interviews/his rights)
24 of 31
What was the purpose of a solicitor's presence, as stated in Wahab?
'to give client realistic advice' (but if solicitor had an ulterior motive in persuading one client to confess, judge would have to consider excluding evidence under s.78)
25 of 31
Which case was very similar to Alladice (in that type of suspect is considered when determining whether breach is serious)
Dunford: suspect knew his rights (as shown by his awareness of right to silence) so solicitor's presence wouldn't have made any difference
26 of 31
Where was a failure to caution not so significant? And why?
Pall: P had been cautioned in connection with another matter
27 of 31
Where did the failure to caution mean a confession should have been excluded?
Kirk: charge had changed from robbery to manslaughter, but K wasn't informed of this (K must be made aware of true nature of police investigation, so he can make a reasoned decision about whether to seek legal advice etc.)
28 of 31
What were the 3 reasons cited justifying importance of keeping proper records in Canale?
D (so he can revisit remarks), to protect police, for judges to determine admissibility of confessions
29 of 31
Where did police's misleading of D's legal adviser cause evidence not to be admitted?
Mason: police falsely claimed they had a glass fragment with D's fingerprint on it
30 of 31
Which part of Code C refers to interviewing mentally disordered/mentally vulnerable?
para. 11.15
31 of 31

Other cards in this set

Card 2

Front

At a voir dire, by a judge (which has the same structure as a normal trial)

Back

Where is the admissibility of a confession to be determined? And by whom?

Card 3

Front

Jury must follow judge's directions - if judge says confession is admissible, but jury find it to have been obtained by improper means, jury must disregard confession

Back

Preview of the back of card 3

Card 4

Front

No: Brophy (although it might be admitted under s.76, judge will almost definitely use s.78)

Back

Preview of the back of card 4

Card 5

Front

D should have complete freedom in contesting admissibility of confession (and not have to "look over his shoulder")

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Procedure and Criminal Evidence resources »