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The Criminal Process

The Criminal Process (5th edn)

Liz Campbell, Andrew Ashworth, and Mike Redmayne
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date: 27 September 2021

p. 1215. Questioninglocked

p. 1215. Questioninglocked

  • Liz Campbell, Liz CampbellFrancine McNiff Chair of Criminal Jurisprudence, Monash University
  • Andrew AshworthAndrew AshworthEmeritus Vinerian Professor of English Law, University of Oxford
  •  and Mike RedmayneMike RedmayneThe Late Professor of Law, London School of Economics

Abstract

This chapter examines the questioning stage of the criminal process, looking at the role and powers of the police. It covers the context of questioning and interviewing of suspects, interviewing victims, and confessions in court. It argues that confessions remain a suspect type of evidence despite the fact that the police questioning process is well regulated. Police detention will always be stressful, and innocent suspects will always have some incentives for confessing. This is why there is a case to be made for the corroboration of confessions. It is also crucial that the gains made since the Police and Criminal Evidence Act 1984 (PACE) are not undermined by government initiatives to cut costs by reducing the amount and quality of legal advice available to suspects.

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