Please enable JavaScript.
Coggle requires JavaScript to display documents.
admitting & excluding evidence- confession evidence - Coggle Diagram
admitting & excluding evidence- confession evidence
definition
definition = a
ny statement by the accused that is wholly or partly adverse to them, regardless of whether it was made to a person in authority or another individua
l
A confession can be made in words or otherwise (e.g., gestures).
Wholly Adverse Statement:
Example: Jade admits, "Yeah, it was me who nicked the stuff." This is a direct admission of guilt.
Partly Adverse Statement (Mixed Statement):
Example: Michael admits, "Yeah, but I only hit him in self-defense." While it includes exculpatory content (self-defense), it is still partly adverse because it acknowledges hitting the victim.
admissibility of confession evidence
requirements for admissibility
Confession evidence is admissible if: BOTH
a)
It is
relevant to the issues** in the case.
b)
It is
not excluded
due to certain legal provisions, such as oppression or unreliability.
examples of admissible confessions
Admissible
Recorded
Confession:
Juan's confession recorded in an interview is admissible
Admissible
Oral
Confession:
Ayesha admits to the arresting officer, "Okay, I did it." The officer's repetition of this at trial is admissibl
Confession
to a Friend
:
Steve confesses to his friend, who testifies about it in court. This is also admissible.
Mixed statements
contain both adverse and exculpatory elements.
The
entire statement is admissible
under s 76(1).
confessions & co-accused
Admissibility Against the Co-Defendant at Trial- against D
Trial Evidence by Co-Defendant:
If a co-defendant gives evidence during trial that
implicates another defendant,
this evidence—including their confession—can be a
dmissible against the other defendant.
Guilty Plea by Co-Defendant:
If a
co-defendant pleads guilty and then testifies for the prosecution,
their evidence implicating the remaining defendant is admissible.
pre-trial confession admissibility
General Rule:
A confession made by
one defendant before trial is not admissible against a co-defendant
unless the co-defendant
agrees
or the
confessor testifies during trial.
as is hearsay and cant cross-examine
where co d and d plead guilty and tried jointly- in favour of D
d will only want to do this where the co ds confession doesnt implicate them
A confession is an
exception to the rule against hearsay
and can be used to prove the truth of its contents.
challenging the admissibility of confessions
Basis for Challenges
A defendant can challenge the admissibility of a confession by arguing:
(a) They made the confession
, but it
should not be admitted
in evidence (e.g., due to oppression or unreliability).
(b)
They
did not make the confession
, claiming the evidence is
mistaken
or
fabricated
.
challenging admissibility under s.76 PACE
grounds for challenge
if d accepts they made confession,
will challenge under s.76:
Oppression
(s 76(2)(a))
Includes torture, inhuman or degrading treatment, and threats of violence.
hectoring and bullying by police during an interview were deemed oppressive,
AND/ OR
Unreliability
(s 76(2)(b))
The confession must be excluded if
obtained in circumstances likely to make it unreliable.
A
breach of PACE Code C
often underpins these claims.
must be a causal link -->
breach needs to lead to unreliable confession
i.e. but for the breach, the D would not have made the confession. if would have anyway- not excluded
e.g. experienced D who know their rights (dont need legal advice)--> confession not excluded
examples of unreliable confessions
Denial of Basic Needs:
Suspects denied rest, food, or medical attention, leading to coerced confessions.
Inducements
: Promises of leniency, bail, or quick release in exchange for a confession.
Misrepresentation of Evidence
: Police exaggerate the strength of the case, pressuring the suspect to confess.
Improper Questioning
: Repetition of questions or badgering the suspect into confessing.
Unfit for Interview:
Interviewing intoxicated or ill suspects whose responses may be unreliable.
Denial of Legal Advice:
While denial of legal advice breaches Code C and s 58 PACE, it only leads to exclusion if it directly causes the confession’s unreliability.
judge has no discretion
burden of proof of challenge
Burden of Proof
The prosecution must
prove beyond reasonable doubt that the confession was not obtained through oppression or in circumstances that render it unreliable.
Even if the confession is true, it must be excluded if obtained improperly.
challenging admissibility of co-defendants confession
the
co-defendant who made the confession may challenge
its admissibility if they claim it was obtained:
Through
oppression
or in circumstances rendering it
unreliable
If challenged, the court must exclude the confession
unless it is satisfied, on the balance of probabilities
, that the confession was not obtained through oppression or in unreliable circumstances.
challenging admissibility under s.78 PACE (unfairness)
applies where:
here the defendant
admits
making the confession but
claims it is untrue.
Where the defendant
denies making
the confession.
Confessions the Defendant Admits Making
If
breaches of PACE provisions
(e.g., denial of legal advice) are deemed
substantial
, the court is likely to exclude the confession
overlap with unreliablilty ground under s.76
Confessions the Defendant Denies Making
where a c
onfession made "outside" a police station
, or one
where police fail to comply with procedural safeguards
, is likely to be excluded if its admission would affect fairness
Common Breaches of Code C Leading to Exclusion
- Failure to Accurately Record Comments
If the police do not properly document the confession, it undermines the reliability of their claims.
Failure to Allow Defendant to Verify the Record
Without an opportunity to sign or dispute the record, the defendant cannot challenge its accuracy.
- Failure to Put Alleged Confession to the Defendant
At the start of a recorded interview, the police must confront the defendant with the alleged confession to allow for a clear, recorded respons
Section 78 gives the
court a broad discretion to exclude prosecution evidence,
including confessions, where its admission would have such an
adverse effect on the fairness of the proceedings
that it ought not to be admitted
Procedure for Challenging the Admissibility of Confession Evidence
Crown court
Hearing a Challenge: The admissibility of disputed confession evidence is decided by the
trial judge in the absence of the jury
during a
voir dire
(trial within a trial).
Judge’s Ruling:
If inadmissible, the jury will hear nothing about the confession.
If
admissible
, the confession is
presented to the jury as evidence.
The defendant can still challenge the credibility or weight of the confession during the trial.
magistrates court
Timing of Challenges:
Admissibility is usually challenged
during the evidence of the interviewing officer
.
If a defendant argues under s 76(2) PACE (
unreliable
), magistrates must conduct a
voir dire
.
Combined Arguments
: If submissions under both s
76(2)
and s
78
are made, the issues are addressed in a
single voir dire.
No Voir Dire Required for s 78 Only
: If the challenge is solely under s 78, the admissibility can be addressed:
At the
close of the prosecution case
(if ds s arguing no case to answer), or
During the defense's closing submissions
.
Significant statements
Significant statements are i
nformal comments made by a suspect outside a formal police interview that may be admissible as evidence
.
These include
direct or partial admissions of guilt
and are
often made
:
Just before or at the time of arrest
During transport to the police station
While at the police station, such as during booking into custody
satisfy definition of confession so rules on admissibility of confessions apply
police obligations under code c
police must:
Put significant statements to the suspect at the
start of a formal interview.
Ask the suspect
whether they confirm or deny the statement and if they want to add anything further.
Failure
to comply with this procedure can result in the
exclusion
of the statement under
s 78 of PACE.
Evidence Obtained from an Inadmissible Confession
even if a
confession is ruled inadmissible
,
evidence derived
from that confession can still be
admitted
, provided the CPS does not link it to the confession. e.g. weapon