- Published on
Legal Terms – Confession
An admission of guilt, either fully or partially, made by the accused. Section 82 of the Police and Criminal Evidence Act 1984 (PACE) defines a confession as any statement, whether verbal or nonverbal, made to a person in authority that is totally or partially unfavorable to the person making it. Confessions were acceptable under common law if they were given willingly, meaning they weren't gained by coercion or
an offer made by someone in a position of authority (like a police officer). They are now subject to section 76 of PACE, which mandates that the prosecution, if asked to do so, establish beyond a reasonable doubt that the confession was not gained by coercion of the witness or as a result of anything that would have made it unlikely that the witness would provide an accurate account of the events. Section 78 of PACE may also declare a confession inadmissible if the court determines, after considering all relevant circumstances, including the circumstances surrounding the evidence's acquisition, that admitting the evidence would materially impair the fairness of the proceedings and that the court should not admit it (for instance, in cases where a suspect has been unjustly refused access to legal counsel).
An admission of guilt, either fully or partially, made by the accused. Section 82 of the Police and Criminal Evidence Act 1984 (PACE) defines a confession as any statement, whether verbal or nonverbal, made to a person in authority that is totally or partially unfavorable to the person making it. Confessions were acceptable under common law if they were given willingly, meaning they weren't gained by coercion or
an offer made by someone in a position of authority (like a police officer). They are now subject to section 76 of PACE, which mandates that the prosecution, if asked to do so, establish beyond a reasonable doubt that the confession was not gained by coercion of the witness or as a result of anything that would have made it unlikely that the witness would provide an accurate account of the events. Section 78 of PACE may also declare a confession inadmissible if the court determines, after considering all relevant circumstances, including the circumstances surrounding the evidence's acquisition, that admitting the evidence would materially impair the fairness of the proceedings and that the court should not admit it (for instance, in cases where a suspect has been unjustly refused access to legal counsel).
0 Comments