CONFESSIONS
What is a confession:
s82(1) PACE:
‘Any statement which wholly or partly adversely affects the person who made the statement,
whether it was made to a person in authority or not and whether made in words or otherwise’.
APPLY – How / in what way has D made a confession
What did D say?
How does it adversely affect them?
NOTE: Even saying ‘yeah I was at the pub, but I didn’t hit him’ = a confession.
NOTE: A confession may sometimes also include a statement which is favourable to the defendant. These are referred to
as ‘mixed statements’. The whole statement will be admissible under s 76(1) as an exception to the rule excluding hearsay
evidence.
Whether the confession is admissible:
The general position is found under s76(1) in that if D makes a confession prior to the trial, it will be
admissible as evidence at trial.
NOTE: Confession evidence also satisfies the admissibility test for hearsay (A confession made by
the defendant before trial which is then repeated in evidence at his trial will be hearsay evidence –
as it is admissible under a statutory provision (s76(1) PACE) – s114(1)(a)
How can the DS challenge admissibility:
S76(2) PACE in proceedings where the prosecution wants to adduce confession evidence made
by the defendant, it is represented to the court that the confession was obtained by either:
a) Oppression, or
b) In consequence of anything said or done which renders the confession unreliable
The court shall not allow the evidence to be admissible – unless the prosecution can show beyond
reasonable doubt that the confession was not obtained in such a way.
This is a mandatory rule that if the confession was obtained by oppression or has been rendered
unreliable, the court must make it inadmissible.
It will not matter if the confession is in fact true, if it was obtained by oppression or can be shown
to be unreliable and the prosecution cannot show otherwise = inadmissible.
Obtained by oppression:
A confession obtained by oppression will include torture, inhuman or degrading treatment and the
use or threat of violence (S76(8) PACE.
APPLY – Likely not to be applicable here – so move on.
Examples of oppression may be:
R v Davison: D confessed after being unlawfully held at the police station, unlawfully denied legal
access and questioned about an offence which they had not been arrested for.
R v Paris: D was bullied and hectored into making a confession – the police officers were hostile and
intimidating.
What is a confession:
s82(1) PACE:
‘Any statement which wholly or partly adversely affects the person who made the statement,
whether it was made to a person in authority or not and whether made in words or otherwise’.
APPLY – How / in what way has D made a confession
What did D say?
How does it adversely affect them?
NOTE: Even saying ‘yeah I was at the pub, but I didn’t hit him’ = a confession.
NOTE: A confession may sometimes also include a statement which is favourable to the defendant. These are referred to
as ‘mixed statements’. The whole statement will be admissible under s 76(1) as an exception to the rule excluding hearsay
evidence.
Whether the confession is admissible:
The general position is found under s76(1) in that if D makes a confession prior to the trial, it will be
admissible as evidence at trial.
NOTE: Confession evidence also satisfies the admissibility test for hearsay (A confession made by
the defendant before trial which is then repeated in evidence at his trial will be hearsay evidence –
as it is admissible under a statutory provision (s76(1) PACE) – s114(1)(a)
How can the DS challenge admissibility:
S76(2) PACE in proceedings where the prosecution wants to adduce confession evidence made
by the defendant, it is represented to the court that the confession was obtained by either:
a) Oppression, or
b) In consequence of anything said or done which renders the confession unreliable
The court shall not allow the evidence to be admissible – unless the prosecution can show beyond
reasonable doubt that the confession was not obtained in such a way.
This is a mandatory rule that if the confession was obtained by oppression or has been rendered
unreliable, the court must make it inadmissible.
It will not matter if the confession is in fact true, if it was obtained by oppression or can be shown
to be unreliable and the prosecution cannot show otherwise = inadmissible.
Obtained by oppression:
A confession obtained by oppression will include torture, inhuman or degrading treatment and the
use or threat of violence (S76(8) PACE.
APPLY – Likely not to be applicable here – so move on.
Examples of oppression may be:
R v Davison: D confessed after being unlawfully held at the police station, unlawfully denied legal
access and questioned about an offence which they had not been arrested for.
R v Paris: D was bullied and hectored into making a confession – the police officers were hostile and
intimidating.
