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FightBack Forums > Queries > Speeding and other Criminal Offences
dave99
Does the fact you are forced to give a confession (if the prosecution uses Yorke and Mawdesley to admit an unsigned form as a confession) amount to "oppression of the person who made it" and thus make it inadmissable due to PACE s76? (as well as the lack of a caution under code C.10 also making it inadmissable)


Oppression has been defined as "exercise of authority or power in a burdensome, harsh, or wrongful manner; unjust or cruel treatment of subjects, inferiors, etc., or the imposition of unreasonable or unjust burdens" - I would say the choice between confessing or taking an s172 rap is burdensome?
JackieA
Hi Dave99,

The S172, is a forced confession. The trouble is, at the moment, Lord Binghans statement in Brown and Stott, is being used to argue that it is permissible on the grounds of public safety. This will be addressed in the near future, I can assure you. icon_twisted.gif

JackieA
Kowalski
How near a future?

I was hoping to employ this tactic to negate a signed S172 that Wiltshire Const. have in there poccession and are planning to use in evidence against me.......
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