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Confessions (PACE 1984 (Provides a detailed framework of rules (S60…

- - - - Confession can be made to anyone not just the police such as a family member
      - Mixed statements can still be classed as a confession
      - The confession must be adverse to the person who made the statement at the time the statement was made
    - - Whether a statement is a confession or not is important as any out-of court statement is hearsay. However, if it is a confession, then it classes as an exception to the hearsay rule and is admissible under s118(5) CJA 2003
- - - - What is oppression?
        
        Fulling (1987)
        
        Exercise of authority in a burdensome, harsh or wrongful manner; unjust or cruel treatment
        
        s76(8) PACE gives a partial definition - 'including torture, inhumane or degrading treatment, and the use or threat of violence.'
    - - McGovern (1991)
        
        Introduced the pause button test, to see whether at that moment in time, given all the circumstances, the confession could be rendered as reliable
      - Anything Said or Done
        
        The things said or done must be external to the defendant
        
        Goldenberg (1988)
        
        Could include threats or inducements from the Police
        
        Barry (1992)
        
        Delaney (1998)
        
        All the circumstances existing at the time must be taken into account
        
        Must include the characteristics of D
        
        Delaney (1998) - D was 17 but only had an IQ of 80
        
        Everett (1988) 42 year-old defendant with a mental age of 8
- - - - D2 may wish to accept D1's confession
      - Conspiracy or joint enterprise charge between D's
      - Joint trials on a joint charge
      - Cut-throat defence