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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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When I was heavily sedated with Morphine I was interviewed

Customer Question

When I was heavily sedated with Morphine I was interviewed then signed an incriminating statement. This is now being used as evidence against me. Is there any possibility of having this evidence ruled inadmissible due to lack of legal capacity.
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Was this a police interview?

What is the charge and what stage of the proceedings are you at?
Customer: replied 4 years ago.


The interview was carried out 'under caution'by the benefits agency's regarding an overpayment. The interview was carried out in my bedroom as I am confined to bed following a spinal injury has left the paralysed from the neck down. On the morning of this interview I had been taking morphine for the past eight hrs. I was exhausted and deleterious but coherent.


 


Equally as important is the fact that I inadvertently incriminated an innocent third party.


 

Expert:  Alice H replied 4 years ago.
Thanks.

The Court has power under s.76 and s.78 Police and Criminal Evidence Act 1984 to exclude unfair evidence.

Under s.76(2) the Court has power to exclude a confession if the circumstances at the time of the confession render it unreliable.

Under s.78 the Court has power to exclude evidence if "... the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it"

You will need to adduce medical evidence of your incapacity at the time of the confession. The prosecution will have to establish that you were capable. The Court will then decide whether to admit the evidence or not.

Alex