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When Trying to Establish a Confession as Evidence, the Burden

Question 15

Multiple Choice

When trying to establish a confession as evidence, the burden of proof is on whom? The prosecution must be able to prove beyond reasonable doubt that the confession was not obtained by oppression under S76 (2) (a) PACE 1984 or anything that could make the confession unreliable. (S76. (2) (b) .


A) The burden of proof is on the defendant to prove on the balance of probabilities , that the confession was obtained unfairly.
B) The burden of proof is on the prosecution to prove beyond reasonable doubt that the confession was not obtained unfairly or in breach of S76.
C) The burden of proof is on the prosecution to prove on the balance of probabilities that the confession was obtained unfairly.
D) The burden of proof is on the defendant to prove beyond reasonable doubt that the confession was obtained in breach of S76 PACE.

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