When considering the definition of a confession which one of the following
statements is correct?
[A] Before a statement can be defined as a confession it must be wholly adverse
to the maker of the statement
[B] Section 76 of PACE is only concerned with written confessions.
[C] The general rule is that a confession is only admissible against the person
who made it.
[D] Section 76 is only concerned with confessions made to the police or someone
else in a position of authority.
The correct answer is [C]. Option [A] is not correct as a confession is
defined as a statement which is wholly or partly adverse to the maker.
[B] is not correct because s76 is concerned with both written and oral
confessions. [D] is not correct because s76 is also concerned with
confessions made to those not in authority. It is important that the
students understand the definition of confessions, as set out in s82 of
PACE see F18.1.
Question 2
Which of the following statements, regarding section 78 of PACE, is correct?
[A] Its use is restricted to the exclusion of evidence of confessions.
, [B] It may only be used to exclude evidence that the prosecution intends to rely
upon.
[C] Both the prosecution and defence can use s78 to exclude evidence.
[D] Evidence obtained illegally by the police is automatically excluded under s78.
The correct answer is [B]. All of the other options are incorrect. S78 is
clearly of a wider application than just to confessions. The prosecution
cannot use s78 to exclude defence evidence. There is no automatic
exclusion under s78 – the test is whether the evidence will have an
adverse effect on the fairness of the proceedings.
Question 3
Jamal is on trial for burglary. Part of the prosecution evidence is a confession made
by Jamal. The defence want to make an application to exclude the confession. Jamal
claims that he only made the confession after the police made threats that if he didn’t
confess, the questioning would continue for a further 8 hours without refreshments
and access to a solicitor would be denied. You have been instructed to defend Jamal
and have been asked to advise on the admissibility of the confession. What is the
correct advice to give on this issue?
[A] The admissibility of the confession cannot be affected by these matters.
[B] The prosecution must prove that the confession was not obtained by
oppression or by anything said or done which was likely in the circumstances
to render the confession unreliable.
[C] Jamal must prove that the confession was obtained by something said or
done which was likely in the circumstances to render it unreliable.
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