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'I took the van, but I meant to return it,' Ewan Price said in interview; the prosecution relies on those words at his theft trial. Defending Ewan, identify the exact passage, explain why it is wholly or partly adverse, state its proposed use and locate the obtaining circumstances before arguing admissibility.
Ewan Price says his admission followed a threat that questioning would continue all night unless he confessed. Once the defence properly raises oppression or reliability-undermining conduct under PACE section 76(2), state for the prosecution who must disprove that route, the beyond-reasonable-doubt standard and the mandatory consequence if it cannot.
During Ewan Price's late-night interview, officers repeated accusations for ninety minutes and said he could go home once he 'told the truth'; he then admitted taking the van. Acting for Ewan, connect fatigue, the repeated pressure and the promise to a causal risk that the words were unreliable under section 76(2)(b).
Ewan Price's admission correctly identified a scratch inside the stolen van, but an officer had shown him an interior photograph before the confession. For the defence, explain why factual truth is not the section 76(2)(b) test and how the timing and sequence affect whether the obtaining conduct could have produced an unreliable admission.
If Ewan Price cannot establish a section 76 route, the defence alternatively relies on section 78 because questioning continued after denied legal advice and the admission dominates the prosecution case. Distinguish the discretionary fairness inquiry from section 76 and tie the obtaining circumstances to participation, reliability and trial disadvantage.
After Ewan Price's confession hearing, formulate the defence's primary request to exclude the identified passage under the correct PACE route. If the court admits part of it, propose a narrower fallback addressing redaction, necessary context and a limiting direction; also identify the prosecution's corresponding position without conflating the two tests.
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