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Question: Critically discuss whether the law on admissibility of confession evidence should be reformed

10 Oct 2022,9:39 PM

 

You should answer ONE of the following questions:

 

  1. Critically discuss whether the law on admissibility of confession evidence should be reformed

 

OR

 

  1. Critically discuss whether the law on inferences from a Defendant’s silence should be reformed

OR

 

  1. Critically discuss whether the law on admissibility of sexual behaviour evidence should be reformed

OR

 

  1. Critically discuss whether the law on admissibility of evidence of the Defendant’s bad character should be reformed

OR

 

  1. Critically discuss whether the law on admissibility of hearsay evidence should be reformed

 

 

Assessment 2: problem question (1,500 words, 50% of final mark)

 

You MUST answer the following question:

 

Yandrew is arrested on suspicion of supplying heroin in a local park. He is taken to a police station, but the police refuse Yandrew access to his solicitor. They then conduct a lawful strip search of him, but find nothing. Whilst Yandrew is still naked, the officers begin interrogating him in the cell where he was strip searched. Yandrew initially refuses to answer questions, but after ten minutes he asks the police whether they will let him get dressed and see his solicitor if he confesses to the drugs offence. The police agree, provided that Yandrew also tells them where they can find further evidence to implicate him. Yandrew duly confesses to the offence and tells the police that they can find heroin at his flat that he shares with three others. He is then allowed to get dressed and contact his solicitor. Subsequently, the police recover ten small bags of heroin from the communal kitchen of the flat. When Yandrew’s solicitor arrives, Yandrew tells him that his confession was false – he only made it because he felt completely humiliated by being interrogated whilst naked and also, being a heavy drug user, was undergoing withdrawal symptoms. Four hours later, the police conduct a full interview with Yandrew in the presence of his solicitor, during the course of which, Yandrew admits that he is a heroin addict but denies that the ten bags of heroin are his and that he had anything to do with them.

 

Critically discuss the admissibility at trial of all Yandrew’s spoken words to the police, and of the ten bags of heroin recovered.

Expert answer

 

There is a great deal of debate surrounding the law on admissibility of confession evidence, with many arguing that it should be reformed. One key concern is the potential for abuse, with suspects being coerced into making confessions. There is also the issue of false confessions, which can occur when someone is wrongly accused or when they confess to a crime they did not commit.

 

Reforming the law on admissibility of confession evidence would help to address these concerns. It would ensure that confessions are only admitted as evidence if they are given freely and voluntarily, without any coercion or threats being used. This would help to protect the rights of suspects and ensure that only legitimate confessions are used in court proceedings.

 

There is a strong case for reform of the law on admissibility of confession evidence. It is important that confessions are only admitted as evidence if they are given freely and voluntarily, without any coercion or threats being used. This would help to protect the rights of suspects and ensure that only legitimate confessions are used in court proceedings.

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