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.

Question

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The statement accurately reflects the law regarding the admissibility of confessions given by mentally handicapped persons without an appropriate adult present during police interviews. The case of R v Moss is also cited as an example of this principle.

A Confession Will Be Held Inadmissible If a Mentally Handicapped