FLK2 · Criminal Practice

Evidence (confessions, character, hearsay, identification)

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

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).

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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