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Subsection provides that out of court statements may still be excluded even if they fulfil the requirements in this Chapter. For example, confessions must meet the additional requirements of...
- Explanatory Notes Table of Contents
Section 126: Court's general discretion to exclude evidence....
- Explanatory Notes Table of Contents
Jun 1, 2013 · The admissibility of hearsay evidence in criminal proceedings in England and Wales is now governed by provisions of the Criminal Justice Act 2003, a result of Law Commission reform proposals.
- How Does A Court Decide on The Admissibility of Confessions?
- What Is The Law in The England and Wales?
- What Does “Oppressive” Mean?
- What About Unreliability?
- Deciding on The Admissibility of Confessions
- How We Can Help Advise on Admissibility of Confessions.
The 2015 documentary series Making a Murderer follows the story of two men from Wisconsin who were convicted of sexually assaulting and murdering a woman. One of the convicted was an impressionable teenager called Brendan Dassey. Dassey’s conviction was overturned in 2016 (and confirmed on appeal in 2017) on the basis that his ‘confession’ to the m...
Provisions in the Police and Criminal Evidence Act 1984 allow courts to reject confessions of this kind on the basis that they were obtained ‘oppressively’ or are unreliable. The relevant statutory provisions relating to the admissibility of confessions are ss. 76(2)(a) and (b) and 77 of the Act.
The term ‘oppressive’ has caused problems for the courts. It seems to be agreed that oppression implies some “impropriety” which compromises the confession’s veracity (Fulling [1987] QB 426). Uncertainty exists, however, as the same sort of behaviour in different cases has led to the confession being excluded in one but not the other (see Paris (19...
Aside from oppression, confessions may be excluded on the basis of unreliability. This unreliability may come about via “anything said or done” or something problematic concerning the circumstances in which the ‘confession’ was made. An important point to note is that the suspect’s own conduct cannot undermine a confession (Goldenberg (1988) 88 Cr ...
The actual process for deciding whether a confession can be admitted is a ‘voir dire’. That is essentially a mini-trial within or alongside the main trial. Section 76(2) of PACE gives guidance on this point. The prosecution must prove to the criminal law standard that the confession was not obtained in the way alleged by the defence, otherwise it w...
Many of the problems that can arise with confessions will be removed if you have a solicitor with you to provide advice when you are interviewed. As a result, if you are arrested or know that the police wish to speak to you about any offence then make sure you insist on your right to free and independent legal advice.
May 12, 2023 · A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or partly adverse to the person who made it.
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76 Confessions. (1) In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not...
This note explains what is deemed to be a confession in criminal law, the way in which they are admissible in criminal proceedings and the basis on which they can be excluded.
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May 7, 2020 · The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection?
