Undercover police operatives posing as criminal gang members are not 'persons in authority' for the purpose of the confessions exclusionary rule, even where they offer substantial financial inducements and promise to 'make things go away'. An inducement for the purpose of the confessions rule need not relate to the investigation or prosecution itself. Scenario evidence showing an accused's participation in staged criminal activities is admissible where necessary to explain the context in which confessional statements were made, subject to the s 398A balancing test.
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