Law of Evidence CONFESSIONS 9/12/2014 Chapter 10

Definition of confession A confession is a written or oral statement by a person charged with an offence stating or suggesting the inference that he committed that offence. Confession comprises words or conduct, or a combination of words and conduct, from which, whether taken alone or in conjunction with other facts proved , an inference may reasonably be drawn that the person making it has committed an offence.

Admissibility of confession The fundamental condition for the admissibility of confession was that it should have been made voluntarily. There were two reasons for this rule: Reliability principle: involuntary confession is not reliable Disciplinary principle: improper means of obtained a confession is discouraged

Confession caused by Inducement, Threat or Promise A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by inducement, threat or promise. A confession is not admissible in a criminal case if the confession appears to the court to have been made under threat or inducement having reference to the charge against the accused.

Onus of proofing voluntariness of the confession It is the duty of the court to examine with the closest care and attention all the circumstances in which a confession has been obtained from an accused especially when the accused has been in custody for a long time. The onus is upon the prosecution to prove affirmatively that a confession has been voluntarily made and not obtained by improper or unlawful questioning.

Before whom a confession be made? A confession made by any person is not admissible unless made before a judge. A confession may be objected in either of two ways: repudiation: the accused may allege that they never made statement. Retraction: to admit having made the statement, but allege that they only made it because of inducement, threat or promise made by a person in authority.

The end Any question so far?