Use of information gained under compulsion at trial

What is the general rule? And which 2 cases support this?

Such evidence shouldn't be used in criminal trials (Saunders, Saunders v UK)

1 of 13

Which statutory provision supports the general rule?

s.59 YJCEA

2 of 13

What did ECtHR hold in Saunders v UK?

Using evidence gained under compulsion would violate art.6 ECHR - but law compelling parties to answer in non-judicial enquiries was permissible

3 of 13

If evidence gained under compulsion can't be used by P at trial, how else might it prove useful?

E.g. finding and following leads

4 of 13

Info gained under compulsion can be used where D is prosecuted for an offence involving a failure to disclose - give a case example

A and S: Ds were forced to hand over passwords

5 of 13

Which type of offence allows admission of evidence obtained under compulsion (statutory provision)?

Road traffic offences (see s.172 RTA 1988)

6 of 13

Which case held that s.172 RTA 1988 didn't breach art.6 and might be relied on at trial?

Brown v Stott (involves a balancing of right against self-incrimination + public interest in enforcing road traffic laws)

7 of 13

In which ways does O'Halloran and Francis v UK deviate from Saunders?

Uses public interest argument to justify use of info + takes privilege violation less seriously when less is at stake

8 of 13

Did O'Halloran and Francis decide that right to silence is or is not absolute?

Is not absolute

9 of 13

Name 4 factors relevant in deciding whether there is a breach of art.6

Degree + directness of compulsion, where disclosure requirement is part of a scheme to which people voluntarily submit, nature of requirement (whether it is simple, specific, limited), where P needs to show more evidence to fulfil offence requirement

10 of 13

What were the facts in Allan v R?

A was silent at trial but had made incriminating remarks to his cellmate (an informer), which were secretly recorded

11 of 13

What did the Court hold in Allan v R?

Evidence of remarks made by A should've been excluded because informer's evidence had been obtained by state agent conducting a covert investigation

12 of 13

What did the Court hold in Allan v UK regarding A's privilege against self-incrimination?

Extends to coercion, compulsion + undermining of suspect's freedom (not) to speak

13 of 13

Get Revising

Use of information gained under compulsion at trial

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Similar Law resources: