An interview that lasted 13 hours, during which the police shouted at the suspect what they wanted him to say but where the suspect denied involvement over 300 times was held to be oppressive. 2 It should be given its ordinary dictionary meaning: 3 "exercise of authority or power in a burdensome, harsh, or wrongful manner unjust or cruel treatment of subjects, inferiors, etc, or the imposition of unreasonable or unjust burdens."ĥ. Oppression includes torture, inhuman or degrading treatment, and the use or threat of violence. If a defendant wishes to challenge the admissibility of a confession the court will usually decide the issue by holding a mini-trial (known as a `voir dire') where both sides can call evidence to support their argument on admissibility. 1 The issue of whether a statement has been obtained by oppression or in circumstances which make it unreliable is always a question of fact in all the circumstances.ģ. For the purposes of this section, a 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. in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof".Ģ."by oppression of the person who made it or.The Police and Criminal Evidence Act 1984, s.76, provides that a disputed confession cannot be used in evidence against an accused person unless the prosecution proves beyond reasonable doubt that it was not obtained: Evidence obtained as the result of a confession ruled inadmissible under PACE section 76ġ.Discretion to exclude unfair evidence: common law.Exclusion of evidence on the ground of unfairness - PACE section 78.Introduction to the work related deaths section.
Proceedings against director, manager, secretary or other similar officer.Obtaining evidence using section 20 powers.Evidence that may assist your investigation.