Procedural Issues and Exclusion

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print February 1998 | ISBN: 9780198262695
Published online March 2012 | e-ISBN: 9780191682391 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Procedural Issues and Exclusion

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Where the defence seeks to have excluded at trial evidence which was acquired in the course of investigation of an offence, whether this be by virtue of the exclusionary rule, for confessions, or the exclusionary discretion, for both confessions and non-confession evidence, various important, procedural issues are capable of arising. Three provisions need to be kept in mind. First, there is section 76 of the Police and Criminal Evidence Act 1984, in respect of the confessions rule. Secondly, section 75 of that Act grants the judge discretion to exclude unfair evidence. Thirdly, section 82(3) preserves the common law discretion to exclude such evidence. This chapter examines the developed position at common law, including the admissibility of confession evidence, arguments about discretion regarding confession evidence and non-confession evidence, and exclusion issues. It also discusses burden and standard of proof.

Keywords: Police and Criminal Evidence Act; common law; exclusionary rule; confessions; exclusionary discretion; burden of proof; unfair evidence; admissibility; confession evidence; standard of proof

Chapter.  9119 words. 

Subjects: Criminal Law

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