Large Group Session 5 – Confession Evidence
• Hearsay evidence – evidence used to prove itself; bring in a convo to
prove the convo happened; not permitted – unreliable
• Confessions are reliable upon and admissible
• If defence or judge has concerns about confession(s), there’s a test to be
applied
• Onus on prosecution to satisfy the court that confession is admissible
• Oppression – improper conduct by police over suspect, intentional
wrong doing by police
• Something said/done – move commonly used; from point of arrest;
more significant test; doesn’t matter whether confession is true (it can
still be excluded)
• PACE – Police And Criminal Evidence Act
• S78 not specifically related to confessions; is a free standing power in
trial judges to exclude prosecution evidence if evidence might lead to
unfair trial
• Courts can use either s76 or s78 or both
• S76 relates specifically to confession evidence
• Oppression – unlikely in a PQ
• Definition in s76; pretty high threshold; echoes of Art 3
• R v Fulling
o Court of Appeal added to definition: wrongful use of power over
somebody (who feels vulnerable or you make vulnerable for no
good reason)
13
, • Depend on circumstances, including particular suspect and his
vulnerabilit(y)ies
• Fact dependent
• R v Halliwell
o H was taxi driver
o Sean O’Callihan went missing
o After surveillance, H arrested on sus of kidnapping SO
o SO disappeard after having drinks with collegues
o Arrest carried out in robust manner
o Police under pressure – didn’t know if SO was dead or alive
o Loads of breaches
o H confessed and brought police to SO’s body
o H directed police to another body – Becky Smith, who H
murdered
o Because of breaches and H was vulnerable, confessions were
excluded and BS’ body excluded
o Have to exclude any evidence that was a result of a confession
obtained unlawfully
o H convicted with SO’s murder
o Police did investigating into BS’ murder and convicted
• No test for vulnerability – judge’s assessment of facts
• Key thing – look at whole circumstances of police interview
• Not necessarily any ill motive etc, could be incompetence
14
• Hearsay evidence – evidence used to prove itself; bring in a convo to
prove the convo happened; not permitted – unreliable
• Confessions are reliable upon and admissible
• If defence or judge has concerns about confession(s), there’s a test to be
applied
• Onus on prosecution to satisfy the court that confession is admissible
• Oppression – improper conduct by police over suspect, intentional
wrong doing by police
• Something said/done – move commonly used; from point of arrest;
more significant test; doesn’t matter whether confession is true (it can
still be excluded)
• PACE – Police And Criminal Evidence Act
• S78 not specifically related to confessions; is a free standing power in
trial judges to exclude prosecution evidence if evidence might lead to
unfair trial
• Courts can use either s76 or s78 or both
• S76 relates specifically to confession evidence
• Oppression – unlikely in a PQ
• Definition in s76; pretty high threshold; echoes of Art 3
• R v Fulling
o Court of Appeal added to definition: wrongful use of power over
somebody (who feels vulnerable or you make vulnerable for no
good reason)
13
, • Depend on circumstances, including particular suspect and his
vulnerabilit(y)ies
• Fact dependent
• R v Halliwell
o H was taxi driver
o Sean O’Callihan went missing
o After surveillance, H arrested on sus of kidnapping SO
o SO disappeard after having drinks with collegues
o Arrest carried out in robust manner
o Police under pressure – didn’t know if SO was dead or alive
o Loads of breaches
o H confessed and brought police to SO’s body
o H directed police to another body – Becky Smith, who H
murdered
o Because of breaches and H was vulnerable, confessions were
excluded and BS’ body excluded
o Have to exclude any evidence that was a result of a confession
obtained unlawfully
o H convicted with SO’s murder
o Police did investigating into BS’ murder and convicted
• No test for vulnerability – judge’s assessment of facts
• Key thing – look at whole circumstances of police interview
• Not necessarily any ill motive etc, could be incompetence
14
