Confessions

Baseline

In a criminal case, one of the most important exceptions to the rule against hearsay is the rule that “statements against interest” (confessions) are admissible.

How may confessions be inadmissible

If it was unfairly obtained.

• A suspect may be questioned by police but should caution him that he is not obliged to say anything and that anything he does say may be recorded and given in evidence against him. A failure to do so may render any confession inadmissible.

Access to legal advice was unfairly denied

• This can be waivered by the suspect but it must be free, voluntary and informed.

Definition

Is a statement made by the accused which in some way incriminates him.

This need not to be a full confession, admitting criminal allegation in its entirety.

Test of admissibility

One of fairness

Involving consideration of both fairness to the accused and fairness to the public intertest in the detection of crime.

Considering fairness

The courts have to regard to all factors surrounding the confession. Including:

• The manner in which the accused was questioned

• The use of caution

• The use of threats or inducements

• The physical or mental condition

• The age of the accused

Overheard or intercepted statements

Normally admissible in evidence.

The police may eavesdrop on the commission of a crime but should not ‘entrap’ a person into committing one.

Challenged admissibility

Where the admissibility of a confession is challenged admissibility is a question of law for the judge and not a question of fact for the jury.