Confessions

Question 1

Don’t fall for s78 and gateways in exam question.

Question 2

Confessions = s76.

Question 3

Found dead body through confession obtained through oppression

Answer 3

you find the body but cannot say how and why they found it. E.g. officer beats me up to find out where body is buried. They just say they find the body but don’t disclose how they found it, as it was through oppression.

Question 4

Court would say ‘you can’t give evidence of how you obtained the confession’

Question 5

Can use the confession as proof that the accused expresses them in a certain way –

Answer 5

can still use the confession as evidence of my accent or a lisp, as its not actually connected to the evidence. E.g. I heard someone shouting in Scottish accent but the accused has Welsh accent.

Question 6

Meaning of mixed statement –

Answer 6

didn’t do one part of the crime but did do the other part e.g. yeah I killed him but I was acting in self defence.

Question 7

Meaning of exculpatory –

Answer 7

‘it wasn’t me’

Question 8

S82 – defines what?

Answer 8

confession

Question 9

Confession doesn’t have to be in words, can be in writing.
True or false?

Answer 9

True

Question 10

What is a Confession?

Answer 10

• Defined in s.82(1) PACE
• Adverse statement (wholly or partly) by the defendant

Question 11

General Rule on Admissibility

Answer 11

Admissible under s.76(1) if:
→ Not obtained through oppression
→ Not unreliable

Question 12

Exclusion under s.76(2) PACE

Answer 12

Oppression: torture, inhuman/degrading treatment, use/threat of violence
- Unreliable: induced by things said/done by police likely to make it unreliable

Question 13

Exclusion under s.78 PACE

Answer 13

Court may exclude any evidence (not just confessions) if admission would adversely affect fairness of proceedings

Question 14

Mixed Statements

Answer 14

• Contain both incriminating & exculpatory parts
• Both are admissible — judge must direct jury to consider both

Question 15

Unfairly Obtained Evidence (outside of confessions)

Answer 15

• Breaches of PACE Codes (e.g. failure to caution, denied legal advice)
• Can lead to exclusion under s.78 PACE

Question 16

Key Cases

Answer 16

• R v Fulling: oppression must go beyond pressure
• R v Samuel: denial of solicitor = unfair
• R v Paris, Abdullahi and Miller: aggressive questioning = exclusion

Question 17

Meaning of Inculpatory?

Answer 17

Evidence that shows or suggests the person is guilty of a crime.

It’s the opposite of exculpatory evidence, which helps show the person is innocent.

Example:
A fingerprint on a weapon used in a crime = inculpatory (because it links the suspect to the crime).

A video showing the suspect was somewhere else at the time = exculpatory (because it helps prove innocence).

So, inculpatory = “incriminates”.

Question 18

What is a confession under s.82(1) PACE?

Answer 18

A statement (wholly or partly adverse to the maker) about their involvement in an offence.

Question 19

When must a confession be excluded under s.76(2)?

Answer 19

If obtained via oppression or likely to be unreliable due to police conduct.

Question 20

What is “oppression” under PACE?

Answer 20

Torture, inhuman/degrading treatment, or the use/threat of violence.

Question 21

What’s the difference between s.76 and s.78 PACE?

Answer 21

s.76 = automatic exclusion of confessions if oppressive/unreliable;

s.78 = discretionary exclusion of any evidence if unfair to admit.

Question 22

What must a judge tell the jury about mixed statements?

Answer 22

Consider both the incriminating and exculpatory parts

Question 23

Can a confession be admitted even if the defendant later denies it?

Answer 23

Yes, if properly obtained and not excluded under s.76 or s.78.

Question 24

What is the test under s.78 PACE?

Answer 24

Whether admission of the evidence would have such an adverse effect on the fairness of proceedings that it ought not be admitted.

Question 25

3. Which case showed denial of legal advice could lead to exclusion?

Answer 25

R v Samuel

Question 26

Confessions must be voluntary to be admitted. Under s.76 PACE, if they result from oppression or are unreliable due to police behaviour, they must be excluded. Even if not oppressive, they can still be excluded under s.78 if admitting them would make the trial unfair. Breaches like denying access to a solicitor or failure to caution can make evidence inadmissible. Mixed statements are admissible in full — juries must consider both parts.