BSc.

(Hons) Forensic Science

Level I

Criminal
Investigation
Confession Evidence
 False Confessions
• Royal Commission on Criminal Procedure
(Philips Commission) 1981
• Established as a result of wrongful;
conviction of three youths for murder of
Maxwell Confait
• Led to implementations of Police and
Criminal Evidence Act 1984
 False Confessions
• PACE 1984 was established after a string of
miscarriages of justice
• Guildford Four, Birmingham Six, Judith
Ward, Maguire Seven, Stefan Kiszko,
Taylor Sisters, Bridgewater Four,
Tottenham Three, Paddy Nichols, Cardiff
Three.
• All involving undue pressure to confess
 False Confessions
• Post 1984 new laws have occasionally made
no difference

• Cardiff Three
• R v. Paris, Abdullahi and Miller (1992) 97
Cr App Rep 99
 ‘Cardiff Three’
• Oppressive treatment of ‘vulnerable’ adults
in spite of PACE 1984
• ‘Tottenham Three’ (At inception of PACE)
also no safeguard to oppressive
interviewing
• David Blythe case…
 David Blythe
• Arrested for murder in 1987 (post PACE)
• Questioned for hours without legal
representation
• ‘Confessed’ and remanded in custody for
11 months
• Shortly before trial commenced real
murderer arrested
 Richard Buckland
• Buckland arrested and charged with rape
and murder
• Forensic evidence subsequently
demonstrated his innocence
• Real murderer convicted in 1988
• Both Blyth and Buckland confessed as a
result of the conduct of their interviews
 The Value of Confessions
• Three general sources of prosecution
evidence

• Confessions
• Witnesses
• Forensic Science
 Definition of Confessions
• Section 82 Police and Criminal Evidence
Act 1984
• An out of court statement falling into the
category of hearsay
• Admissible under s.76(1) PACE 1984
• May be excluded under s.76(2)
 Definition of Confessions
• Section 76(1) Police and Criminal Evidence
Act 1984
• In any proceedings a confession made by an
accused person in evidence against him
insofar 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 of Confessions
• Section 82
• (1) In this part of this Act-
• ‘confession’ includes any statement wholly
or partly adverse to the person who made it,
whether made to a person in authority or not
and whether made in words or otherwise;…
 Definition of Confessions
• The confession is a positive act by the
suspect indicating his guilt in the matter in
question
• Words or other form of communication
• Silence will not suffice but ‘special
warning’ given about inferences need to be
taken into consideration
 Special Warnings
• Where there is potentially incriminating
evidence relating to substances, objects or
an accused presence at a particular place
• Constable must explain to the suspect in
ordinary language the possible
consequences of refusing to explain such
evidence (s. 36 CJPOA 1994 inferences)
 Statements of Guilt
• A confession does not have to be a pure
statement of guilt and can be obtained as a
result of questioning

• Answers to questions adverse to the suspect

are included R v Z [2003] 1 WLR 1489
 R v Z [2003] 1 WLR 1489
• Court of Appeal considers the meaning of
‘confession’ and how it is to be interpreted
in accordance with Human Rights Act 1998

• A confession is defined by its evidential

value at the time it is to be adduced not at
the time it is made by the accused
Confessions Implicating Others
• A confession of one defendant may be used
in evidence against another
• The inclusion as evidence against the
second person is indirect
• R v Hayter [2005] 1 WLR 605
• Guilt established against one defendant in
an out of court statement may be taken into
account when considering the guilt of others
 Excluding Confessions
• Section 76(2) PACE 1984
• Where confessions have been extracted by
oppression the courts have a responsibility
to exclude them
• Section 78(8) defines oppression as torture,
inhuman and degrading treatment and the
use or threat of violence
 R v Fulling [1987] QB 426
• Court of Appeal holds that…
• Oppression is:
• ‘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 borders’
 A Question of Fact
• Whether there was any oppressive treatment
and whether that induced the suspect to
confess
• Defence counsel may use evidence of
oppression form other cases involving the
same officers to support a contention that
their client may have been oppressed
• R v Twitchwell [2000] 1 Cr App 373
 Burden of Proof
• Where the defence raise the possibility of
oppressive interviewing
• The prosecution must prove beyond
reasonable doubt that this was not the case
• R v Miller (1992) The Times
• Essential adherences to PACE
• Essential record keeping
 Case Law on Oppression
• R v Paris (1993) 97 Cr App R 99
• Mentally impaired suspect admitted offence
after denying it 300 times
• Interviewers may repeat questions
• And suggest suspect is lying
• But in moderation and not to the point of
oppression
 Case Law on Oppression
• R v Davison [1988] Crim LR 442

• Duration of custody (longer than court felt

necessary or justified)
• Considered oppressive

• Detention unlawful under PACE 1984

 Case Law on Oppression
• R v Heron (1993) unreported

• Confession obtained by deceit considered

oppressive (suspect told they had been
recognised)
 Case Law on Oppression
• Failure to allow appropriate adult

• Silcott, Raghip, Braithwaite (Tottenham

Three) R v Silcott (1991) The Times

• Oppressive to vulnerable adults

 Case Law on Oppression
• R v Howden-Simpson [1991] Crim LR 49
• Blackmail;

• Suspect who was a choir master told that his

other offences would be disclosed to other
members of the choir if it became necessary
to interview them
 Case Law on Oppression
• R v Ridley (1999) unreported
• Suspect interrogated for three hours in
persistent, aggressive and calculated manner
designed towards a confession and not a
search for the truth,
• Described by court as “deplorable
exploitation of a naive man”
 Unreliability
• Courts are under a duty to exclude
confessions where they have been, or may
have been obtained in circumstances
rendering them unreliable
• The courts must consider these
circumstances as they were at the time not
how they were believed to be
 Unreliability
• R v Walker [1998]Crim LR 211
• Defendants mental state may be taken into
account regardless of whether it was known
to the police
• This mental state was part of the
surrounding circumstances that may make
the confession unreliable
R v Walker [1998]Crim LR 211
• Section 76(2)(b) is not restricted to the use
by police officers of oppression
• It does not rely on old common law test of
‘Threat or Inducement’
• Nor does it require a breach of the PACE
codes of practice on interviewing or
detention
 Burden of Proof in
Unreliability
• Where unreliability is raised by the
defence…
• It is not for them to prove the assertion
• The prosecution bears the burden to the
criminal standard that the confession is not
unreliable
• R v Fulling [1987] QB 426
Circumstances of Unreliability
• R v Trussler [1988] Crim LR 446
• ‘Warm up chat’ lasting two hours
• No caution given
• Suspect not given opportunity to have
solicitor present
• Suspect not shown notes of interview
Circumstances of Unreliability
• Any medical condition that could affect the
reliability of a confession
• R v McGovern (1991) 92 Cr App R 228
• Person vomited before being interviewed
• In such circumstances a doctor should have
examined the suspect before any
interviewing
Circumstances of Unreliability
• Deliberate and flagrant breaches of PACE
• R v Delaney (1998) 88 Cr App R 338
• Suspect told that psychiatric treatment
would be a better option than going to
prison
• Sexual Offence Issue
 Self Directed Study
• To prepare for the MCQ Examination you
should…
• Read on the hierarchy of courts Magistrates,
Crown, Court of Appeal and House of
Lords
• Examine the differing roles of magistrates
and judges
• What kind of judge presides over the Crown
Court?
 Self Directed Study
• Sources of information…
• The law library has a good range of books
under the general heading ‘The English
Legal System’ etc.
• The Courts Service website
• http://www.hmcourts-service.gov.uk/
• CPS Website http://www.cps.gov.uk/