Section 76 of PACE

Section 76 of PACE   (Police and Criminal Evidence Act) deals with challenges to the admissibility of confessions in criminal proceedings.

Section 76 (2) PACE specifically directs the court to exclude confession evidence obtained by oppression; in circumstances which were likely to make the confession unreliable.

Whilst the confession itself may be excluded, Section 76(4) allows facts discovered as a result of the confession, or of the way in which defendants speak, write or express themselves, to be adduced where relevant.

Source CPS

While 76(4) allows information obtained by “oppression” to be used (though not the confession itself), following a House of Lords ruling it was decided that evidence obtained from torture can not be used.


One Response to “Section 76 of PACE”

  1. Section 78 PACE « Data - Where is it? Says:

    […] section has resulted in numerous case law, and is  not to be confused with Section 76, which deals with confessions obtained through […]

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