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View the related practice notes about Confessions

Confessions

What is a confession?A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or partly adverse to the person who made it.There is no requirement that the confession must be made to someone in authority such as a police officer and PACE 1984, s 82(1) provides that the 'statement' can be made by 'words or otherwise'.This means that a confession can be made orally or in written form and could include conduct such as a nod of acceptance.The courts have held that to constitute a confession under PACE 1984, the statement must have been adverse to the maker of the statement at the time the statement was made.A neutral or exculpatory statement at the time it was made, does not subsequently become a confession if at trial, the statement is demonstrated to be false or inconsistent with evidence given on oath.Where a defendant has initially pleaded guilty to an offence and is subsequently permitted to vacate that guilty plea...

Admissibility of hearsay in criminal proceedings—preserved common law exceptions

Preserved categories of admissibilityThe law on hearsay is set out in the Criminal Justice Act 2003 (CJA 2003). See further Practice Note: Admissibility of hearsay evidence in criminal proceedings.Several common law exceptions to the rule against hearsay, however, are expressly preserved by CJA 2003, s 118.The common law exceptions are•public information•reputation as to character•reputation and family tradition•res gestae•confessions•admissions by agents•common enterprise•expert evidenceNotice to introduce hearsay evidence admissible under one of the common law exceptions is not required under Part 20 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR).Public informationUnder CJA 2003, 'public information', is defined as:•published works dealing with matters of a public nature, eg histories, scientific works, dictionaries and maps•public documents, eg public registers•records, eg records of certain courts, treaties, Crown grants, pardons and commissions•evidence relating to a person's age or date or place of birthPublic documentsIn Sturla v Freccia, it was held that a public document is a document that is made by a public officer for the purpose of the public making use of it and...

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Supreme Court upholds judge’s decision that contract not obtained by bribery (Shagang v HNA)

Dispute Resolution analysis: The Supreme Court has ruled that the Court of Appeal had been wrong to interfere with a High Court judge's factual findings that a charterparty between the appellant and a subsidiary of the respondent had not been procured by bribery, in circumstances where he could not be certain that the confessions of bribery had not been obtained by torture. Written by Caroline Pounds, barrister at Quadrant Chambers.

View the latest UK Parliament Acts documents on Confessions

76 Confessions

(1)     In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.(2)     If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—(a)     by oppression of the person who made it; or(b)     in consequence of anything said or done w

78 Exclusion of unfair evidence

(1)     In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.(2)     Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.[(3)     . . .]