Question 1 of 7

SA10 – Preliminary evidential matters Hannah was arrested on suspicion of theft yesterday. She was interviewed at the police station without a solicitor. She had asked for a solicitor to attend but was told she did not need one as it was ‘all pretty straightforward’ and was encouraged by the police to go ahead with the interview anyway. During the interview Hannah confessed to the theft. She was charged and bailed, and today she has come to see you for advice. Which of the following statements should you advise Hannah is the correct description of the approach the court will take in deciding whether to exclude her confession evidence under PACE 1984 s.78?

A. A B. Evidence obtained following any breach of a PACE code will automatically lead to exclusion of that evidence. C. B D. If a confession has been obtained after a refusal of access to a solicitor in breach of PACE, the confession is likely to be excluded. E. C F. It is necessary to demonstrate that the police have acted in bad faith before the court will exclude a confession obtained in breach of PACE codes. G. D H. Provided the evidence has been obtained in good faith by the police, it is unlikely to be excluded by the court, notwithstanding any breaches of PACE.