Brooke, D.A.; (1999) Confessions, illegally/improperly obtained evidence and entrapment under the Police and Criminal Evidence Act 1984 : changing judicial and public attitudes to the police and criminal investigations. Doctoral thesis , University of London.

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Abstract

This thesis considers the law on confessions, illegally/improperly obtained evidence and entrapment under the Police and Criminal Evidence Act 1984. There is a detailed discussion of the case-law and the principles which underlie that case-law as well as a detailed discussion of the principles and policies which underlie the relevant statutory and common law provisions. There is also some discussion of some of the psychological aspects of false confessions and interrogation. There is some historical discussion of how the law has approached confessions, illegally/improperly obtained evidence and entrapment before the enactment of the Police and Criminal Evidence Act 1984. A major theme of this thesis is to illustrate how changing judicial and public attitudes to the police and criminal investigations from the mid nineteenth century to the present day have influenced the content of the law on the three areas of criminal evidence under discussion, namely confessions, illegally/improperly obtained evidence and entrapment. In particular this thesis has attempted to illustrate how judicial responses to Sections 76 2(a) and 76 2(b) and S. 78 of the Police and Criminal Evidence Act have been influenced by changing public attitudes to the police, the integrity of their evidence to the criminal court and their role in the criminal justice system and society. In order to illustrate and highlight important points and arguments in the thesis, reference is occasionally made to the law and issues on identification evidence, accomplice evidence, forensic evidence as well as the law and issues on covert police operations to gather evidence not involving entrapment. However, no claim is made for comprehensive treatment of the law on identification evidence, accomplice evidence or forensic evidence, merely reference is made to those areas for the purposes of exposition on the main areas of study: Confessions, illegally/improperly obtained evidence and entrapment. The name of the publishers and place of publication for books and monographs quoted in the text is given in the bibliography.

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