PACE Confessions

Confessions Under the old common law, confessions were not admitted per se, as they would be “involuntary”, if it was shown that it was derived as a result of a threat or a promise by a person in authority. R V Smith (1959) as per Lord Parker CJ, “even the most gentle, if I may put it that way, threats or slight inducements”,..may amount to involuntary confessions.

Confessions R v Smith (1959) Facts : A sergeant major had put the whole company on parade and told them that no one would be allowed to move until one of them gave details about which of them had been involved in a fight resulting in a stabbing. Held : the court held that this would amount to an involuntary admission that should not have been admitted.

Confessions R v Zavekas (1970) Facts : A conviction was quashed where it had resulted froman improper promise by the police. The suspect was supposed to be on an identification parade, and they were waiting sometime to have this arranged. The police promised him that he would be realised and allowed to go home if he had made a confession statement. He did so. Held : The court refused to allow the evidence of the admission as it was involuntary.

Statute -Confessions In practice it was difficult for the courts to determine whether the statements were made 'involuntarily”, looking at some of the cases we have seen so far, it is evident. Voluntary meant one's own free will....this was difficult to determine. Statutory Provision for Confession to overcome the difficulties and anamolies in the common law : S 76 PACE 1984

Statute -Confessions S76 (1) PACE: general rule In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.

Definition -Confessions S82 (1) PACE: Interpretation – definition of confession “confession” includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and made in words or otherwise'

Confession not allowed if : S76 (2) PACE: confession would not be admitted - exception..If the confession was or may have been obtained : a) by oppression of the person who made it ; or b) in consequence of anything said or done which was likely, in the circumstances at that time, to render unreliable, any confession which might be made by him in consequence thereof. The prosecution has to prove that the confession was not obtained as above,(not withstanding that it may be true) beyond reasonable doubt.

Confession not allowed if : What is oppression ? S76(8) : Oppression, includes 'torture, inhuman or degrading treatment, and the use or threat of violence.

Confession not allowed if : The judge decides whether the confession was obtained, contrary to S 76 (2) (a) & (b). This is done in a trial within a trial “voir dire” So that the Jury will not hear the whole of the evidence(confession) before the issue of admissibility of the evidence is decided. R v Liverpool Juvenile Court ex p R (1988)

Confession not allowed if : Generally cases show that courts have been reluctant to find and exclude confessions on grounds of oppression where it is not clearly so. R v Miller (1986) Facts : a paranoid schizophrenic had confessed to a killing which was obtained after hours of questioning. The CA held, despite medical evidence showing that he had gone into hallucinations as a result of the protracted questioning, that the evidence was obtained properly.

Confession not allowed if : Generally cases show that courts have been reluctant to find and exclude confessions on grounds of oppression where it is not clearly so. R v Fulling (1987) CA Held : It was not oppression, for the police to tell the defendant that her lover had been having an affair with another woman, which so affected her that she made a confession. The court gave oppression its dictionary meaning : “the exercise of authority or power in a burdensome, harsh, or wrongful manner, unjust or cruel treatment of subjects inferiors etc,..the imposition of unreasonable or unjust burdens.

Confession–unreliable 76(2)(b)..in consequence of anything said or done...renders unreliable. R v Goldenberg (1988) Held : the words, anything said or done refers to words or acts done by someone other then the accused, and something external to the person making the confession and to something which is likely to have some influence on him.”

Confession–unreliable 76(2)(b) R v Heaton (1993) Facts : appellant convicted of manslaughter of his 26 day old son. He had shaken the child hard to quieten him. The police interviewed him both without and later with a solicitor present. Some voices were raised. Questions were repeated. Inteview lasted about 75 mins. There was no evidence to show that the police were hostile or oppressive. Held : appellant cannot rely on S76(2)(a) or (b).

Improperly or illegally obtained evidence Common law used to exclude evidence that was improperly or illegally obtained merely because it would be “unfair to the defendant”. See R v Sang (1979) HL : The court admitted evidenced obtained from a police informer (agent provocateur) who also induced the accused to commit a crime, so that he may be arrested and questioned for the main offence. The court admitted the evidence and said that only evidence whose “prejudicial effect outweighs the probative value” would be excluded and not just all improperly obtained evidence would be excluded. also, Kuruma son of Kaniu v R (1955) PC

Improperly or illegally obtained evidence S78(1) PACE 1984 : improperly obtained evidence. (exclusion of unfair evidence) “...The court may refuse to allow evidence on which the prosecution proposes to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it”