[2002] EWCA Crim 1327

The correct question to be asked in deciding whether a confession was true, was whether it was obtained in consequence of anything done that was liable to render it unreliable, the burden being on the prosecution to prove beyond reasonable doubt that it was not so obtained. The case was found to be unsafe where the full direction under s.34 Criminal Justice and Public Order Act 1994 had not been given.

CA (Potter LJ, Rafferty J, Hedley J)

31/05/2002