Confession Evidence

FLK2 — Criminal Law and Practice

What is a confession?

Any statement wholly or partly adverse to the person who made it.

Does a confession have to be made directly to the police?

No. A confession can be made to any person.

What is the main rule under PACE s76 concerning confessions?

A confession may be excluded if obtained by oppression or in circumstances likely to make it unreliable.

When can a court exclude a confession under PACE s76?

Where it was obtained by oppression or by anything said or done likely to render it unreliable.

What is oppression for the purposes of confession evidence?

Oppression involves serious ill-treatment or improper pressure used to obtain the confession.

What is PACE s78?

It allows the court to exclude prosecution evidence where admission would have such an adverse effect on fairness that it ought not be admitted.

What is the difference between PACE s76 and s78?

Section 76 specifically concerns confessions; section 78 concerns prosecution evidence generally and fairness.

What should you ask when analysing confession evidence?

Is it a confession, how was it obtained, and could PACE s76 apply?

What is the key issue under PACE s76?

Whether the confession was obtained by oppression or circumstances likely to render it unreliable.