Confessions, lies and unfair evidence

Complete the speech of Lord Lane in R v Lucas:

“To be capable of amounting to corroboration the lie told out of court must first of all be __________. Secondly it must relate to a -------- issue. Thirdly the motive for the lie must be a realisation of guilt and a ~~~~ ~~ ~~~ ~~~~~. The jury should in appropriate cases be reminded that people sometimes lie, for example, in an attempt to bolster up a just cause, or out of shame or out of a wish to conceal disgraceful behaviour from their family. Fourthly the statement must be clearly shown to be a lie by evidence other than that of the accomplice who is to be corroborated, that is to say by admission or by evidence from an independent witness".

What is _________?

[Crown Court Bench Guide, 242]

Complete the speech of Lord Lane in R v Lucas:

“To be capable of amounting to corroboration the lie told out of court must first of all be __________. Secondly it must relate to a -------- issue. Thirdly the motive for the lie must be a realisation of guilt and a ~~~~ ~~ ~~~ ~~~~~. The jury should in appropriate cases be reminded that people sometimes lie, for example, in an attempt to bolster up a just cause, or out of shame or out of a wish to conceal disgraceful behaviour from their family. Fourthly the statement must be clearly shown to be a lie by evidence other than that of the accomplice who is to be corroborated, that is to say by admission or by evidence from an independent witness".

What is ~~~~ ~~ ~~~ ~~~~~?

[Crown Court Bench Guide, 242]

Complete PACE 1984, s. 78(1),

"The court may refuse to allow evidence on which the ----------- ------- -- ---- to be given if it appears to the court that, having regard to ___ ___ ______________, including the circumstances in which the evidence was obtained, the admission of the evidence would have ~~~~ ~~ ~~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~ that the court ought not to admit it"


What is ----------- -------- -- ----?

Complete PACE 1984, s. 78(1),

"The court may refuse to allow evidence on which the ----------- ------- -- ---- to be given if it appears to the court that, having regard to ___ ___ ______________, including the circumstances in which the evidence was obtained, the admission of the evidence would have ~~~~ ~~ ~~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~ that the court ought not to admit it"


What is ___ ___ ______________?

Complete PACE 1984, s. 78(1),

"The court may refuse to allow evidence on which the ----------- ------- -- ---- to be given if it appears to the court that, having regard to ___ ___ ______________, including the circumstances in which the evidence was obtained, the admission of the evidence would have ~~~~ ~~ ~~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~ that the court ought not to admit it"


What is ~~~~ ~~ ~~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~?

Which is CORRECT?

[A] If a sample of hair is obtained in breach PACE 1984 and is then used to prepare a DNA profile which implicates the accused, the evidence will be admitted on the basis that the means used to obtain it have done nothing to cast doubt on its reliability and strength.

[B] If a sample of hair is obtained in breach PACE 1984 and is then used to prepare a DNA profile which implicates the accused, the evidence will generally not be admitted on the basis that the means used to obtain it adversely affected the fairness of the proceedings.


[F2.32]

True or false:

Section 78 can allow a co-defendant to apply to exclude evidence of another co-defendant on the basis that it would adversely affect the fairness of proceedings.

[F3. 24]

Which is CORRECT?

[A] Section 78 replaces the common law powers of judges to exclude evidence at common law.

[B] Section 78 does not replace the discretion to exclude otherwise admissible evidence which the court possessed at common law.

[F2.35]

Section 78 can be used to exclude a confession - even if the confession does not meet the test for exclusion under s76 PACE [F2.10]

Complete s82 PACE:

"A confession includes any statement ______ __ ______ _______ to the person who made it, whether made to a person in authority or not and whether made in words or otherwise".

Which is CORRECT?

[A] A so-called 'mixed statement', which is part confession and part exculpation, is not a confession for the purposes of the PACE 1984

[B] A so-called 'mixed statement', which is part confession and part exculpation, is a confession for the purposes of the PACE 1984

[F17.5]

Which section of which Act allows confession evidence to be admissible?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is *********?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is ________ __ _________?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is -------- ---- -- ----?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is ~~~~~~~~~ ~~~ ~~~~~~~~~~?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is #####?

Complete s76(2) PACE:

" If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is ********* to the court that:

a) the confession was or may have been ________ __ _________ of the person who made it; or

b) in consequence of -------- ---- -- ---- which was likely, in the circumstances existing at the time, to render ~~~~~~~~~ ~~~ ~~~~~~~~~~ which might be made by him in consequence thereof,

the court ##### not allow the confession to be given in evidence against him except insofar as the prosecution proves to the court ++++++ ++++++++++ ++++++ that the confession (notwithstanding that it may be true) was not obtained as aforesaid".

What is ++++++ ++++++++++ ++++++?

Which section allows confession evidence of a co-accused to be adduced?

[A] Section 82A PACE 1984
[B] Section 119 CJA 2003
[C] Setion 76A PACE 2003
[D] Section 110 CJA 2003

Joe and Ruth hold up Mukherjee Motors Ltd, a car warehouse.

In police interview, Joe is told "you'll never go home unless you tell us what you did". Joe says "OK, I robbed the bank alone".

The prosecution decide not to use Joe's confession due to the way it was obtained. However, the details of the confession are disclosed to Ruth.

Which of the following best reflects what Ruth's defence advocate should do at the PCMH?

[A] Apply for the indictment to be severed so that Joe's confession can not be used against Ruth.
[B] Apply under s76A(1) for Joe's confession to be admitted.
[C] Apply under s78 to admit the confession.
[D] Apply under s78 to exclude Joe's confession.

[This question follows the fact pattern of the previous question]

Which of these is NOT an action that Joe's counsel should take in relation to the confession?

[i] Argue that the confession was obtained as a result of oppression under s76A(2)(a)

[ii] Argue that the confession is unreliable as a result of anything said or done under s76A(2)(b)

[iii] Apply for the confession to be excluded as its admission would be adverse to the fairness of proceedings under s78 2003

[A] All of the above are submissions that it would be appropriate for Joe's counsel to make at the PCMH

[B] [ii] and [iii] are submissions that it would be appropriate for Joe's counsel to make at the PCMH

[C] [iii] alone is a submission that it would be appropriate for Joe's counsel to make at the PCMH

[D] [i] and [ii] are submissions that it would be appropriate for Joe's counsel to make at the PCMH

Lorna is accused of a s20 OAPA assault on Jess in a snooker bar in South London. Lorna's case is that she was in the snooker bar but never attacked Jess. Emma witnesses the attack. She is the only witness. Emma describes Lorna and then successfully picks her out from an identification parade.

Which of the following are CORRECT?

[i] A Turnbull warning should be given in this case
[ii] A Lucas warning should be given in this case.

[A] [i] alone correct
[B] [ii] alone is correct
[C] Neither [i] and [ii] is correct
[D] Both are correct

[F18.15]

Lorna is accused of a s20 OAPA assault on Jess in a snooker bar in South London. Lorna's case is that she was never in the snooker bar. Emma says she did NOT witness the attack, but says that she saw Lorna enter the snooker club. She is the only witness, but a transaction at "Canavans Snooker Club, SE15" is found on Lorna's bank record. Emma describes Lorna and then successful picks her out from an identification parade.

Lorna's case is that she was in a cocktail bar in Hampstead, and not in the snooker bar.

Which of the following are CORRECT?

[i] A Turnbull warning should be given in this case
[ii] A Lucas warning should be given in this case.

[A] [i] alone correct
[B] [ii] alone is correct
[C] Neither [i] and [ii] is correct
[D] Both are correct

[F18.15]

Breaches of the PACE Codes of Practice automatically give rise to the exclusion of evidence obtained as a result of that breach

[ULAW SGS 4]

Joseph Black, Brad Pitman, James Gamble and Harry Furness are charged with robbery. In interview, all but Furness make no comment. Furness admits responsibility and states that his three co–defendants were equally involved, giving precise details. Which of the following is most accurate?

[A] The words spoken by Furness in his interview are prima facie admissible as evidence against him.

[B]. The words spoken by Furness in his interview are prima facie admissible as evidence against him and his three co-defendants.

[C] The words spoken by Furness in his interview are inadmissible as evidence against him because they are hearsay.

[D] The words spoken by Furness in his interview are inadmissible as evidence because they are not relevant.

Which is CORRECT?

[ULAW SGS 4]

In which of these 4 situations will Lucas direction normally be necessary?

[A] Where the Defendant relies on an alibi

[B] Where the Judge considers it necessary or desirable to suggest that the jury should look for support or corroboration of one piece of evidence and amongst that evidence is a lie proven against the defendant.

[C] Where the prosecution seek to show something said in Court was a lie and seek to rely on that lie as evidence of guilty.

[D] Where the prosecution do not expressly rely on a lie as showing guilt, but the Judge envisages that the jury may consider a lie that was told to be indicative of guilt.

[F.122]