A Confession Will Be Held Inadmissible If a Mentally Handicapped

question 2

True/False

A confession will be held inadmissible if a mentally handicapped person did not have an appropriate adult present during their police interview in which they confessed. It will be held inadmissible under S77 PACE 1984. In addition Code C of PACE states an appropriate adult must be present when interviewing a juvenile or an mentally disordered or handicapped person. See R v Moss - a mentally disordered person was interview 9 times until they confessed without an appropriate adult present.

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Definitions:

Temporary

Relating to a limited period of time; not permanent.

Voluntary

Performed, carried out, or done by one's own choice or consent; acting or done willingly and without constraint or expectation of reward.

Establishing Autonomy

The process of gaining independence and self-determination in one's actions and decisions.

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