Which exclusionary discretions can be applied to involuntary confessions?

Involuntary confessions, which are those that have not been obtained through the free and voluntary choice of the suspect, can be subject to exclusionary discretions under the Evidence Act in Queensland. The relevant provisions are EAC 90 and EAC 138.

EAC 90 deals with the general exclusion of evidence that has been improperly obtained. This applies to situations where a confession is made involuntarily due to coercion or improper interrogation techniques, thereby undermining the integrity of the justice system. When a confession is not freely given, admitting it as evidence would violate principles of fairness and reliability.

EAC 138 further emphasizes the need for the exclusion of evidence when it would be unfair to allow the prosecution to use it, particularly if the evidence was obtained in a manner that infringes upon the rights of the accused. This provision similarly protects against confessions that are not made voluntarily and ensures that the legal process remains just and equitable.

The other options are incorrect because EAC 135 pertains to the requirement of probative value versus undue prejudice, which is less directly related to issues of voluntariness in confessions. EAC 110 is concerned with the admissibility of hearsay evidence, which does not apply to the context of conf