CONFESSIONS – REVISION NOTES
Section 82(1) Police and Criminal Evidence Act 1984 - Confession is a statement
which is wholly or partly adverse to the maker.
The only adverse situation when it would apply is when somebody wants to damage.
Not “wholly” exculpatory but may be “mixed”.
MADE WHERE? TO WHOM?
They do not need to be made at any particular place. It could be at the police
interview. There is no requirement however to make it in any particular place. It could
be anywhere. For example – they may be made:
- In the back of a police car
- In the cells
- In previous court proceedings
- In police station
- In interview
- To another prisoner in jail…
Section 82 Police and Criminal Evidence Act 1984 states explicitly that they need
not be made to a person in authority (e.g. a police officer). So they may be made to
anyone (such as your cell mate or even a friend)
BASIS FOR ADMISSION
It is admissible under Section 76(1) PACE 1984. It makes admissible in the
evidence in … of person who made it.
Relevance is always important as a basic rule of admissibility.
May be given in evidence against the accused
As long as it is not excluded by any other part of Section 76 PACE
Note that this only makes it admissible in evidence against the person who made the
confession and only if it is relevant to a matter in issue – so relevance continues to
be important as a basic condition of admissibility.
Make sure that you always check that it is a confession (in what way is it supposed
to be adverse to the maker?) and that it is relevant to a matter in issue in the
proceedings.
You will see that there must also be discretions within the section itself which relate
to exclusion of what appear to be otherwise admissible confessions.
Section 82(1) Police and Criminal Evidence Act 1984 - Confession is a statement
which is wholly or partly adverse to the maker.
The only adverse situation when it would apply is when somebody wants to damage.
Not “wholly” exculpatory but may be “mixed”.
MADE WHERE? TO WHOM?
They do not need to be made at any particular place. It could be at the police
interview. There is no requirement however to make it in any particular place. It could
be anywhere. For example – they may be made:
- In the back of a police car
- In the cells
- In previous court proceedings
- In police station
- In interview
- To another prisoner in jail…
Section 82 Police and Criminal Evidence Act 1984 states explicitly that they need
not be made to a person in authority (e.g. a police officer). So they may be made to
anyone (such as your cell mate or even a friend)
BASIS FOR ADMISSION
It is admissible under Section 76(1) PACE 1984. It makes admissible in the
evidence in … of person who made it.
Relevance is always important as a basic rule of admissibility.
May be given in evidence against the accused
As long as it is not excluded by any other part of Section 76 PACE
Note that this only makes it admissible in evidence against the person who made the
confession and only if it is relevant to a matter in issue – so relevance continues to
be important as a basic condition of admissibility.
Make sure that you always check that it is a confession (in what way is it supposed
to be adverse to the maker?) and that it is relevant to a matter in issue in the
proceedings.
You will see that there must also be discretions within the section itself which relate
to exclusion of what appear to be otherwise admissible confessions.
