To whom does s78 (1) apply to?

PROSECUTION EVIDENCE, not defendants

What is needed for an exclusion to occur?

Must be a SIGNIFICANT and SUBSTANTIAL breach + degree of effect on fairness is such that justice requires exclusion (Absolam; Keenan)

What effect does bad faith have on the likelihood of exclusion?

Bad faith increases the likelihood of exclusion BUT it is not necessary, nor sufficient.

What does s58(1) of PACE say?

'A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.’

R v Samuel 1988 (s58 PACE)

CONFESSION EXCLUDED - D denied crime in 4 previous interviews; solicitor said that would have advised not to answer

R v Walsh 1990 (s58 PACE)

CONFESSION EXCLUDED - It is impossible to say that the presence of a solicitor would not make a difference; the most that can be said is that it was uncertain whether would make a difference

R v Alladice 1988 (s58 PACE)

CONFESSION ADMITTED - D testified that he understood the situation and the caution, was aware of his rights, only wanted a solicitor for some specific advice re police conduct.

Where can the provision for Absence of a Caution be found?

Code C, para 10.1: A person whom there are grounds to suspect of an offence … must be cautioned before any questions about an offence.....

What does caution require?

Police must give a suspect caution when interviewed. D must be aware that what they say may be used against them, and what the DONT say can also be used (inferences can be drawn from silence).

Help

Options

focusNode

Didn't know it?
click below

Knew it?
click below

Don't Know

Remaining cards (0)

Know

retry

shuffle

restart

0:00

Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

Normal Size Small Size show me how

Ev - Confessions

Discretionary evidence

Question	Answer
What section of PACE can discretionary exclusions be found in?	s78 (1)
To whom does s78 (1) apply to?	PROSECUTION EVIDENCE, not defendants
What is needed for an exclusion to occur?	Must be a SIGNIFICANT and SUBSTANTIAL breach + degree of effect on fairness is such that justice requires exclusion (Absolam; Keenan)
What effect does bad faith have on the likelihood of exclusion?	Bad faith increases the likelihood of exclusion BUT it is not necessary, nor sufficient.
Which section contains the Denial of Access to Legal Advice?	s 58 PACE
What does s58(1) of PACE say?	'A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.’
R v Samuel 1988 (s58 PACE)	CONFESSION EXCLUDED - D denied crime in 4 previous interviews; solicitor said that would have advised not to answer
R v Walsh 1990 (s58 PACE)	CONFESSION EXCLUDED - It is impossible to say that the presence of a solicitor would not make a difference; the most that can be said is that it was uncertain whether would make a difference
R v Alladice 1988 (s58 PACE)	CONFESSION ADMITTED - D testified that he understood the situation and the caution, was aware of his rights, only wanted a solicitor for some specific advice re police conduct.
Where can the provision for Absence of a Caution be found?	Code C, para 10.1: A person whom there are grounds to suspect of an offence … must be cautioned before any questions about an offence.....
What does caution require?	Police must give a suspect caution when interviewed. D must be aware that what they say may be used against them, and what the DONT say can also be used (inferences can be drawn from silence).

Created by: deeeee.xx

"Know" box contains:
Time elapsed:
Retries: