SA16 confessions and unfair evidence

Syllabus areas covered:
1. Definition of confessions under the Police And Criminal Evidence Act 1984
2. Admissibility and exclusion of confessions
3. Determining the admissibility of confessions and the voir dire procedure
4. Admissibility of evidence obtained from inadmissible confessions
5. Exclusion of other prosecution evidence at common law and under PACE 1984, s.78
6. Common categories of evidence for exclusion applications under section 78
7. Applications to exclude evidence under section 78

Section 82: "any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise."
Important points:
- No definition for "statement;" even a suspect nodding can count.
- Can be made to any person, not limited to authority figures.
- Evidence of a guilty plea is included, but a conviction itself is not a confession.

PACE S.76(1): A confession may be admissible if relevant and not excluded under this section.
S.76(2) Sets Exclusionary Rules:
- (a) Oppression: Must be excluded unless proven otherwise by prosecution.
  - Definition of oppression includes torture, inhumane treatment, and threats of violence.
- (b) Unreliable Confessions: Excluded if anything said or done could render it unreliable.
  - Focus is not on police impropriety but on the conditions under which the confession was made.
  - Breaches of Codes of Practice may indicate the confession's reliability.

Crown Court vs. Magistrates’ Court:
- In Crown Court, the judge is the law tribunal and the jury is the fact tribunal.
- In magistrates’ court, the district judge fulfills both roles.

Used to resolve issues of law concerning the admissibility of confessions or evidence absent the jury.
Key steps in the voir dire process:
1. Defendant notifies prosecution of disputing the confession's admissibility.
2. No mention of the disputed confession before the jury until resolved.
3. Judge handles admissibility when the evidence would typically be presented.
4. Prosecution bears the burden to disprove oppression claims.
5. Evidence can be introduced, such as testimonies supporting or denying claims of oppression.
6. Courts may initiate a voir dire independently of requests from advocates.

Governed by PACE 1984, s.76(4)-(6):
- S.76(4): An excluded confession does not affect available evidence from facts discovered due to it.
- S.76(5): Found facts are not admissible unless the defendant testifies on how they were discovered.
- S.76(6): Applies to wholly or partly excluded confessions regarding discovered facts.
Key Takeaways:
- Evidence that discovery resulted from an inadmissible confession can be used, but the defendant must affirm its emergence.
Examples:
- R v Voisin: Spelling slip during suspect questioning linked to a murder victim's parcel was permissible.
- R v Nottle: Misspelling in a name wrote similarly to the perpetrator's signature, admissible under s.76(4).

Exclusion of Prosecution Evidence:
1. Under common law and PACE s.78.
2. Categories of evidence commonly excluded under section 78.
3. Procedures for challenging or making applications for exclusion under section 78.

Evidential significance of lies: Directions for jury regarding the impact of the defendant's dishonesty.
Failure to mention facts: Implications when a defendant does not disclose relevant facts when questioned.
Failure to account for evidence: Drawing inferences from neglecting to explain objects and marks found at the crime scene.
Failure to testify: Legal advice for defendants on the potential implications of not giving evidence during their trial.