Which section of the Police and Criminal Evidence Act is used to challenge the admissibility of confession evidence?

Prepare for the SQE2 Drafting Exam with our engaging quiz. Equip yourself with expert strategies, detailed questions, hints, and explanations to conquer the test with confidence!

The admissibility of confession evidence is specifically addressed in Section 76(2) of the Police and Criminal Evidence Act (PACE). This section provides the legal framework for challenging confessions obtained under oppressive conditions or that are considered unreliable. If a confession is obtained through coercion, either physical or psychological, or if there are concerns about the reliability of the confession due to factors such as the mental state of the individual confessing, this section enables a challenge in court regarding whether the confession should be admitted as evidence.

This provision is critical in protecting the rights of individuals and ensuring that confessions used in court are obtained fairly and ethically. The court will consider the circumstances under which the confession was made, and if it finds that the confession was made under duress or is otherwise unreliable, it can rule that the confession is inadmissible.

Other sections mentioned in the question do serve different purposes, such as addressing general admissibility of evidence or specific types of evidence, but Section 76(2) is distinctly focused on confessions and the criteria for their admissibility.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy