Confession police will need to find an
Confession will be only be excluded if the Defendant was oppressed in any treatment or manners. ‘Section 76(2) of the PACE Act’ states that confession presented by the prosecution may be stated that it was obtained through oppression. At this instance, the court will not allow the evidence of confession to go any further dependant that the prosecution must prove to the court beyond reasonable doubt that the confession was not obtained as of that result’. ‘However, the following confession given by Avery was unreliable and was obtained through oppression through two things. The first being the failure to provide an appropriate adult for Avery and secondly, failure to comply with the Code of Practice in relation to the detention of the accused such as insufficient rest and food. ‘However, under s82(1), a confession made to anyone especially the police is subject to the same test of admissibility under s76. Avery’s lack of rest as he has not been given his 8 hour entitlement of rest and since he is a juvenile, the police will need to find an appropriate accommodation as he cannot be situated in a police cell as well as detained with an adult in the same cell. Avery did not receive any rest as he was detained at 05:15am and interrogated at 8am. Also, Avery was only served breakfast but in fact he is entitled to three light meals throughout the day and it is unsure of what he had for breakfast. The police did not inform Avery of any rights he is entitled to while detained in the police station as the police have broken certain Codes of Practice’. ‘Also, there was no appropriate adult present as the police have contacted the wrong adult as the police should have asked Avery as to whom he would have liked to be present with him. In addition, during the interview, the police officer made Avery feel uncomfortable as the officer should have been seated down opposite Avery and not walking around or sitting on the desk close to him ( R v Prager (1972) 56 Cr App R 151)’. All the things that Avery had experienced following the pre-trial procedures have made him feel uncomfortable and did not get the support he needed and the reason to his confession was of the many things that had happened during that investigation. However, the court will exclude the confession evidence due to the evidence being obtained by a significant and substantial breach of PACE and a couple of the Code of Practice is to be excluded’.