What were the implications of the new section 76A inserted by the Criminal Justice Act 2003? A co-accused can now rely on a confession made by the accused. The burden of proof is lower than that of the prosecution, in that the co-accused must prove on the balance of probablities that the confession wasn not obtained by oppresion of is unreliable.

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The new section 76A inserted by the Criminal Justice Act 2003 allows a defendant to rely on a confession made by a co-accused. The burden of proof is lower than that of the prosecution and the co-accused must prove on the balance of probabilities that the confession was not obtained by oppression or is unreliable. It does not allow all confessions made to the police admissible as evidence, gives a new definition of oppression, or outline which Codes of Practice of PACE must be breached in order for the confession to be unreliable.

What Were the Implications of the New Section 76A Inserted