#4747 - Confessions - BPC Criminal Evidence

CONFESSIONS Definition: s82(1) PACE "Confession": Statement which is wholly/partly adverse to the person who made it - whether made to a person in authority or not - whether made in words or otherwise Question: Whether the statement was wholly/partly inculpatory at the time it was made * If purely exculpatory at time statement made, does not become inculpatory (a "confession") if later takes a character negative to statement-maker Mixed Statements "Mixed statements" - partly adverse (inculpatory) and partly in favour (exculpatory) of statementmaker * must contain a significant admission of fact on any issue * ie. must be capable of adding some degree of weight to Prosecution case on an issue relevant to guilt Whole statement is admissible - unfair to Defendant to only admit inculpatory parts (Storey) * Judge may point out that inculpatory part likely to be true (otherwise why say it?) but exculpatory parts do not have same weight Only admissible as evidence of truth of the matters stated if tendered by Prosecution * but, once admitted, Defendant may rely on statement as evidence of truth of exculpatory parts Admissibility s76(1) PACE Rule: Confession relevant to a matter-in-issue in the proceedings is admissible if: * facts contained in statement are known personally to statement-maker, and * it is not excluded. Facts known Personally to Statement-maker Hulbert - Defendant (charged with handling) told police person who gave her goods said they were stolen * not admissible as evidence to prove (of truth) that goods were stolen as fact contained in statement (that goods stolen) was not known personally to Defendant (statement-maker) * admissible as evidence to prove that Defendant believed goods were stolen as fact contained in statement (that she was told they were stolen) was known personally to Defendant.