Podcast Location:
Download it here [file size: 22.5 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide criminal practitioners with advice on handling confessions both before and during trial and also the rules surrounding their admissibility. It is also suitable for anyone with a general interest in criminal law and practice.

Outcomes:
After completing the course you will:
  • Know the statutory and common law definitions of 'a confession.;
  • Understand what forms a confession can take;
  • Know where the key statutory provisions pertaining to confessions can be found;
  • Understand when a confession might be excluded from proceedings;
  • Understand how the Criminal Justice Act 2003 has recently changed the rules concerning confessions tendered by a co-accused;
  • Know the rules concerning confessions tendered by a mentally handicapped person;
  • Understand the case law and legislation pertaining to the admissibility of confessions;
  • Receive guidance on whether evidence yielded from an inadmissible confession will be admitted to the proceedings.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Sources and References:
  • Police and Criminal Evidence Act 1984;
  • Criminal Justice Act 2003;
  • Li Shu-Ling v The Queen [1989] AC 270;
  • R v Sat-Bhambra (1988) 88 Cr App R 44;
  • R v Park (1995) 99 Cr App R 270;
  • R v Hubert (1979) 69 Cr App R 243;
  • R v Ward [2001] Crim LR 316;
  • Sharp [1988] 1 WLR 7;
  • Pearce (1979) 69 Cr App;
  • R v Fulling [1987] 2 All ER 65;
  • R v Seelig 94 Cr App R 17 CA;
  • R v Paris (1993) 97 Cr App R 99 [1994];
  • Crim LR 361 CA;
  • R v Heaton [1993] Crim LR 593;
  • Regina v Mushtaq [2005] UKHL 25;
  • Ismail [1990] Crim LR 109;
  • Re Proulx [2001] 1 All ER 57;
  • R v Barry (1991) 95 Cr App 384;
  • R v Wahab [2003] 1 Cr App R 232;
  • R v Goldenberg (1988) 88 Cr App R 285;
  • R v Walker [1998] Crim LR 211;
  • McGovern (1991) 92 Cr App R 228;
  • Souter [1995] Crim LR 729;
  • Delaney (1988) 88 Cr App R 338;
  • Doolan [1988] Crim LR 747;
  • Chung (1991) 92 Cr App R 314;
  • R v Prager (1972) 56 Cr App R 151;
  • Glaves [1993] Crim LR 685;
  • Crampton (1991) 92 Cr App R;
  • R v Johnson (11th July 2007) Court of Appeal;
  • R v Finch [2007] WLR 31;
  • R v Ruud (1948) 32 Cr App R 138;
  • R v Pearce (1979) 69 Cr App R 365;
  • R v Silcot [1987] Crim LR 765;
  • Lobban v R [1995] 2 All ER 602;
  • Campbell [1995] Crim LR 157;
  • Mackenzie (1992) 96 Cr App R 98;
  • Adjodha v The State [1982] AC 204.

This podcast discusses the laws surrounding confessions in Criminal proceedings, namely when they are admissible, the statutes that dictate how such evidence is handled and finally the case law that has recently influenced how the legislation is interpreted. It will discuss in particular section 76 of the Police and Criminal Evidence Act 1984 and also the influence of the Criminal Justice Act 2003.

Podcast Added: 16/12/2008

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