Chapter

Discretionary Exclusion of Confessions and Other Evidence—Specific Cases

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print February 1998 | ISBN: 9780198262695
Published online March 2012 | e-ISBN: 9780191682391 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262695.003.0015

Series: Oxford Monographs on Criminal Law and Justice

Discretionary Exclusion of Confessions and Other Evidence—Specific Cases

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This chapter deals with exclusionary discretion of confessions and other evidence. It examines the authorities concerned with exclusion under section 78(1) of the Police and Criminal Evidence Act 1984 according to five different categories. First, it considers the impact of the various provisions of Codes C and E which are concerned with ensuring the accuracy of the record made by the police of their questioning of and other discussions with the accused. Next, it looks at the treatment by courts of some of the various other ‘rights’ granted to suspects by Code C and in particular their treatment of the right to legal advice. The chapter then discusses the provisions of Code D in respect of formal identification procedures used by the police during the pre-trial period. It also focuses on the developing law, outside the terms of any of the codes, dealing with trickery and entrapment. Finally, it analyses the effect upon the power to exclude of the unlawfulness of a search, of whatever kind, carried out by the police.

Keywords: Police and Criminal Evidence Act; exclusion; police; accused; legal advice; trickery; entrapment; unlawfulness; exclusionary discretion; confessions

Chapter.  33037 words. 

Subjects: Criminal Law

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