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).

Question

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The burden of proof is always on the prosecution in criminal cases, and in the case of a confession, they must prove beyond reasonable doubt that it was obtained fairly and not in breach of S76 PACE. The defendant does not have to prove anything, but can raise the issue of unfairness or unreliability of the confession as a defense.

When Trying to Establish a Confession as Evidence, the Burden