Confessional Evidence

Confessional Evidence

1. Voluntariness Test

   • Ibrahim v R
     • A.G. v McCabe
   • Definition in People (DPP) v Shaw
   • RE National Irish Bank

2. Inducement

   • R v Thompson
   • People (A.G.) v Flynn

3. Threat

   • People (DPP) v Hoey
   • DPP v Doyle

4. Oppression

   • People (DPP) v Pringle, McCann and O'Shea

5. Basic/Fundamental Fairness

   • Even if confession is held to have been voluntarily given, may be excluded if it was obtained in breach of standards of basic/fundamental fairness
   • People (DPP) v Shaw
   • People v Paul Ward

6. Discretion to exclude improperly obtained evidence

   • Judges Rules
   • Criminal Justice Act 1984
     • People (DPP) v Darcy