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Use of inadmissible confessions

1. Where an earlier statement by a defendant has been excluded under section 76 PACE the prosecution may not refer to that statement in cross-examination or reveal that the statement was made.

2. Where the maker of a confession that has been ruled inadmissible (on any ground) gives evidence inconsistent with that statement, a co-defendant may cross-examine him/her on it, provided that it is material to the defence of the co-defendant. In these circumstances the defence may ask for separate trials to be ordered.

Updated 2009-07-07