Confessions meaning

This Practice Note sets out the meaning of a confession under the Police and Criminal Evidence Act 1984 (PACE 1984) and the means available to control the admissibility of confession evidence in a criminal trial. It also addresses the procedures for excluding a confession pursuant to PACE 1984, ss 76 and 78. What is a confession? A confession is broadly defined in PACE 1984, s 8(2) as any statement that is wholly or partly adverse to the person who made it. There is no need for the confession to be made to a figure in authority, such as a police officer, and PACE 1984, s 82(1) states that the 'statement' may be made by 'words or otherwise'. This means a confession may be oral or in writing and may encompass conduct, including a nod of acceptance. The courts have decided that, to amount to a confession under PACE 1984, the statement must have been adverse to its maker at the time it was made. A neutral or exculpatory...

Exceptions under the CJA 2003 The reception of hearsay evidence is governed by the Criminal Justice Act 2003 (CJA 2003). See Practice Note: Admissibility of hearsay evidence. The CJA 2003 expressly retains the common law exceptions to the hearsay rule for specified categories of proof. The preserved common law exceptions are: public information evidence of reputation res gestae (e.g. statements linked to the facts in issue that are an integral part of the events) confessions admissions by agents statements in furtherance of a common enterprise expert evidence See Practice Note: Admissibility of hearsay—preserved common law exceptions. The CJA 2003 also allows the admission of a previous inconsistent statement, i.e. a statement made by a witness before giving evidence that conflicts with their testimony at trial. Moreover, the Act makes express provision for other earlier statements by witnesses, e.g. statements used to rebut an allegation of recent fabrication. See Practice Notes: Admissibility of hearsay evidence in criminal proceedings...

As a broad principle, hearsay does not qualify as admissible proof in Scottish criminal proceedings (see, for instance, Introduction: Stair Memorial Encyclopaedia [237]). Yet there are a number of recognised departures from that principle. The first and most straightforward exception in Scots Law permits hearsay to be led simply to demonstrate that a statement occurred (commonly termed primary hearsay). Such material, however, is not receivable as proof at trial of the truth of what was asserted (secondary hearsay). For further detail, see Introduction: Stair Memorial Encyclopaedia [237]. Accordingly, parties may adduce evidence to establish that words were spoken, which may bear upon a person’s knowledge or serve to account for later conduct; nevertheless, that evidence cannot establish that the content of the utterance was true and accurate. This Practice Note addresses the other main exception to the hearsay prohibition: statements made by the accused person, which are generally always admissible notwithstanding their inherently hearsay character. Witness statements As a general position, statements given by an individual while...