Exclusion of exculpatory statements?

johnnyskeleton

Given that the defence in a criminal trial can apply to exclude an inculpatory statement, and that clever criminals can give a statement to the gardai knowing that they can use this to avoid giving evidence / cross examination at trial, should the prosecution be given a power (obviously through statute) to challenge an exculpatory statement?

If so, on what grounds would you include / exclude a wholly exculpatory statement?

Tom Young

I'd refer to the 'Keane' hearsay provisions allowing discretion for the judge to allow previously made and now repudiated statements in criminal trials. This was a feature of the 2006 CJA.

I'd allow the statement myself based on the statute and new hearsay provisions of a repudiated statement, I guess it would have to be 'where the probative force outweighs the prejudicial effect' of the statement.

Tom

johnnyskeleton

Sorry, I should have said "defence statements" i.e. when the accused is taken to a garda station and interviewed. The memo of interview is invaraibly part of the book of evidence, but the question I would ask is should the prosecution be entitled to remove a memo of interview from a book of evidence if it is merely a self serving statement from the accused?

Tom Young

I just read this now, I'd have thought that it would amount to malicious or incorrect prosecution if the statement was removed without notice to the defence and the court i.e., an agreed removal or exclusion, on x, y, z grounds. In respect of later advances in technology and interview recording perhaps this might become more difficult to do without consent.

An exculpatory statement, regardless of its probative validity should be included in the Book of Evidence or Precis as it would be of use to the prosecution if later repudiated or indeed the defence admits an alibi. I know that is generally an unlikely event.