Evidence (confessions, character, hearsay, identification)

CRP.07 — Criminal Evidence: Confessions, Character, Hearsay, Identification

Confessions (PACE 1984)

A confession = any wholly/partly adverse statement (s.82(1)). Admissible against its maker as a hearsay exception, but the court must exclude if the prosecution cannot prove beyond reasonable doubt it was NOT obtained by:

• s.76(2)(a) — oppression (torture, inhuman/degrading treatment, violence/threats); or
• s.76(2)(b) — unreliability (anything said/done likely to render any confession by this defendant unreliable, e.g. inducements, denial of rights/breaches of Codes).

Key distinctions: s.76(2)(b) is causal and hypothetical — focus on circumstances, not whether this confession was actually true. Bad faith is not required for s.76(2)(b). Separately, s.78 gives a discretion to exclude any prosecution evidence (incl. confessions) where admission would have an adverse effect on fairness (e.g. significant/substantial Code C breaches). Trap: s.76 is a duty (mandatory exclusion if not disproved); s.78 is discretionary.

Bad character (CJA 2003)

"Bad character" = misconduct other than facts of the offence/its investigation (s.98, 112). Defendant's bad character admissible only through a s.101(1) gateway (a)–(g): important being (d) relevant to an important matter in issue between D and prosecution (incl. propensity — s.103) and (g) D's attack on another's character. Court must exclude (d)/(g) if it would have such adverse effect on fairness (s.101(3)). Non-defendant bad character: s.100 — needs leave: important explanatory evidence, substantial probative value on a matter in issue, or all-party agreement.

Hearsay (CJA 2003, s.114)

Out-of-court statement adduced as evidence of the matter stated. Admissible only if: a statutory exception (e.g. s.116 witness unavailable; s.117 business documents; s.118 preserved common-law exceptions incl. res gestae/confessions), all parties agree, or s.114(1)(d) interests of justice. Multiple hearsay restricted (s.121). Court may stop a case (s.125) or exclude (s.126/s.78).

Identification (Turnbull)

Where ID is disputed and a conviction depends substantially on it, the judge gives a Turnbull warning: warn of mistaken-but-convincing witnesses; examine quality using ADVOKATE; withdraw weak unsupported ID from the jury. Code D governs procedures (video ID parade usual).