The paper "Law of Evidence - Justins Confession " is a good example of finance and accounting coursework. The factual scenario raises complex issues in evidence law, which will impact the Prosecution in terms of admissibility and the case it puts forward. Firstly, I shall consider the admissibility of Justin’ s confession and the status of his confession in implicating Simon as a co-defendant. I shall then consider whether Prosecution can admit evidence of Simon’ s previous convictions for theft as character evidence along with the weight to be attached to Stephanie’ s witness statement. With regard to whether the prosecution can rely on PC Dixon, it will be necessary to consider the hearsay rule.
I shall then evaluate the law relating to evidence identification and whether adverse inferences can be drawn from Simon’ s silence during the interviewing process. 1) Justin’ s confessionWith regard to Justin’ s confession, it is necessary to evaluate the interviewing process. Firstly, the relevant law regulating the detention, treatment and questioning of persons by police officers in the UK is enshrined in the Police and Criminal Evidence Act 1984 (PACE) and Code of Practice C (Code C). With regard to the evidence of the confession of Justin, Section 82 (1) of the PACE states that a confession is “ any statement wholly or partly adverse to the person who made it” regardless of whether it was made to a person in authority and whether made in words or conduct.
There is no issue in the current case that Justin’ s statement constitutes confession evidence within the section 82 definition. The first issue that arises is whether the information obtained regarding confessions is admissible. When considering the admissibility of evidence in criminal trials, the relevant test under Section 78 of PACE is whether to include such evidence would so adversely affect the proceedings that it ought not to be admitted. Under the common law, the general rule regarding admissibility as set out in the case of R v Leathem, which provides that the manner of obtaining evidence does not exclude admissibility per se.
Michael Allen (2007) Textbook on Criminal Law, 9th Edition Oxford University Press.
Jerome Hall (2005) Principles of Criminal Law, The Lawbook Exchange Limited.
Adrian Keane (2005). The Modern Law of Evidence. 6th Edition Oxford University Press
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D. Ormerod, (2005). Criminal Law (11th edition). Oxford: Oxford University
A, Reed., B, Fitzpatrick., and Peter Seago (2006). Criminal Law. 3rd Revised Edition Sweet & Maxwell.
Criminal Justice Act 1988
Police and Criminal Evidence Act 1984 and Codes of Practice
Criminal Justice and Public Order Act 1994
Civil Evidence Act 1995
Criminal Justice Act 2003
Human Rights Act 1998.
All UK legislation available online at www.opsi.gov.uk and www.statutelaw.gov.uk