Exclusion of Admisible Evidence Flashcards
What is a confession often regarded as in evidence
The least reliable way of proving the offence.
What has deemed to be a confession
Nodding of head , taking the investigator to the murder weapon - A reconstruction of the event
If a confession is made by one party can it be used to prosecute the co-accused
Yes as long as they are in the same proceedings.
Is a breach of PACE and automatic exclussion of evidence
No
What does the common law power to exclude evidence say
It provides the court with discretion to exclude evidence.
When can the court exclude evidence under common law
When the prejudicial effect of the evidence on the defendant greatly outweighs its probative values.
Is silence in repsonse to a question a statement
No
If it is found that a confession has been obtained by opression (76) or that something said of done renders it unreliable (76 (2) do the coure have to (must) exclude or is it a discretionary power (may) exclude
Must exclude
Does the oppressive behaviour have to be directed towards the suspect
Yes - it will not be oppressive behaviour to exclude the confession if directed towards a third party.
Who does the burden of proof rest with to substantiate oppression
Initally the defence, however, once they have made representation it is for the prosecution to prove beyond reasonable doubt that the confession was not obtained via oppression.
