Confessions

Question 1

Right to legal advice

Answer 1

Cadder v HMA - there is a right
HMA v P - confession can be inadmissible but evidence obtained as a result may admissible

Question 2

Test of Fairness

Answer 2

Brown v HMA - confession may be inadmissible if obtained unfairly

Question 3

What makes confession unfairly obtained

Answer 3

Absence of caution - Tonge v HMA
Manner of questioning - LAR No1 1983
Threats or inducements - Harley v HMA
A situation is engineered - HMA v Higgins