A confession made after a police officer threatened the suspect is challenged at trial. Which provision requires its exclusion?

Answer and explanation

Correct answer: D. Section 76 of PACE 1984, if obtained by oppression or in circumstances making it unreliable

  1. Step 1: Section 76(2) requires the court to exclude a confession unless the prosecution proves it was not so obtained.
  2. Step 2: Section 78 provides a separate discretion to exclude unfair evidence.
Answer
Section 76 of PACE 1984, if obtained by oppression or in circumstances making it unreliable.
Why not the others: Section 58 gives the right to advice; section 41 limits detention; the Theft Act is substantive law.

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