#4745 - Co Defendant's Confessions - BPC Criminal Evidence

JOINT-TRIALS: CONFESSIONS BY CO-Ds Where Co-Defendant's Confession supports Defendant's Defence s76A PACE In any proceedings a confession made by an accused person may be given in evidence for another accused person charged in the same proceedings in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section Defendant may adduce Co-defendant's confession: * insofar as it is relevant to Defendant's defence, * if Prosecution would have been able to admit it (ie. would not have been excluded under s76) Has no application where Defendant has pleaded Guilty. A confession adduced by Prosecution which may have been excluded under s78, will not necessarily be excluded when adduced by a Co-defendant. Editing the Confession Where the confession of Co-defendant is admissible as evidence supporting Defendant's defence - whole statement is admitted (including parts incriminating Defendant), Court does not have discretion to edit it. Exclusion: 2 methods of excluding: 1. Under s76A(2) - Confession obtained by oppression/unreliable, 2. Under s126 CJA - As Co-defendant's confession is hearsay - exclude if case for exclusion substantially outweighs case for inclusion. s76A(2) PACE If it is represented to the court that the confession was or may have been obtained: * as a result of oppression, or * as a result of things said/done likely to render it unreliable The Court shall not allow the evidence to be given * Unless it is proved to the court, on the balance of probabilities, that the confession was not so obtained. s126 CJA (1) In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if