Police and Criminal Evidence Act 1984, section 77

Confessions by mentally handicapped persons

Part VIII Evidence in Criminal Proceedings—General

(1)Without prejudice to the general duty of the court at a trial on indictment [F761with a juryF761] to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial—

(a)the case against the accused depends wholly or substantially on a confession by him; and

(b)the court is satisfied—

(i)that he is mentally handicapped; and

(ii)that the confession was not made in the presence of an independent person,

the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.

(2)In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment [F762with a juryF762] , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

[F763 (2A)In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.F763]

(3)In this section—

  • “independent person” does not include a police officer or a person employed for, or engaged on, police purposes;

  • “mentally handicapped”, in relation to a person, means that he is in a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; and

  • “police purposes” has the meaning assigned to it by [F764 section 101(2) of the M43 Police Act 1996 F764] .

Definitions used in section 77 1

confession

“confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;

Defined in s.82(1) · see it in the full Act

Cases considering section 77 3

TREDGET v REGINA

[2022] EWCA Crim 108 · 8 February 2022Limits

Confirms that breach of the relevant safeguards did not itself require exclusion; the provision’s warning requirement recognised that admissibility remained a matter for the court. (see para [195])

Steel, R v

[2003] EWCA Crim 1640 · 10 June 2003

The court used the later statutory requirement for special jury caution where a mentally handicapped accused’s case depends on a confession to explain the recognised risk addressed by the fresh evidence. (see para [78])

Director of Public Prosecutions v R

[2007] EWHC 1842 (Admin) · 12 July 2007

The court identified section 77 as the alternative provision referred to in the case-stated question, but held that section 78 could properly be applied to the defendant’s interview. (see paras [10], [32]-[34])

What each judgment says about section 77 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F761Words in s. 77(1) inserted (24.7.2006 for E.W. and 8.1.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 48(2); S.I. 2006/1835, art. 2(g)(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)(i)
  2. F762Words in s. 77(2) inserted (24.7.2006 for E.W. and 8.1.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 48(3); S.I. 2006/1835, art. 2(g)(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)(i)
  3. F763S. 77(2A) inserted (24.7.2006 for E.W. and 8.1.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 48(4); S.I. 2006/1835, art. 2(g)(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)(i)
  4. F764Words in the definition of "police purposes" in s. 77(3) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(2), Sch. 7 Pt. II para.38

Modifications

  1. C562S. 77 excluded (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(d)
  2. C563S. 77 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  3. C564S. 77 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(u), Sch.
  4. C565S. 77 applied (with modifications) (E.W.) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)
  5. C566S. 77 applied (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(u), Sch. paras. 1-10, 22

Extent

  1. E6S. 77 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)

Marginal citations

  1. M431996 c. 16