ABSTRACT

This chapter examines on studying the law of evidence who have acquired some knowledge, but still feel that they need more confidence in handling it correctly in assessments. It deals with two important statutory weapons in the defence's armoury: ss 76 and 78 of the Police and Criminal Evidence Act (PACE) 1984. The sections are decided in Mason (1988) that s 78 applies to confessions just as much as to any other evidence. The traditional rule in the light of Y (2008), by the operation of s 114(1)(d) Criminal Justice Act (CJA) 2003, be evidence not only against the person making the statement containing the confession, but also against anyone else whom the statement implicates. The reforms made by the Criminal Justice and Public Order Act (CJPOA) 1994 to the right of silence in the police station are more extensive and more difficult to defend than those relating to the accused's failure to testify at trial.