Jurisdiction(s):
United Kingdom

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Key definition

Confessions definition

What does Confessions mean? Confessions are statements by a suspect or accused admitting guilt or other facts adverse to their case, whether made to the police or to anyone else, and whether spoken, written or implied by conduct. In England and Wales (and broadly in Northern Ireland), “confession” is defined in the Police and Criminal Evidence Act 1984, with admissibility governed by PACE: the court must exclude confessions obtained by oppression or where the circumstances render them unreliable, and may exclude unfair evidence; police interviews are regulated by the PACE Codes. In Scotland, confessions (often termed admissions) are governed by common law and statute:...

Confession Evidence in England and Wales: Definition, Mixed Statements, Admissibility and Co-defendants; Exclusion under PACE 1984 ss 76, 76A and 78, with Oppression, Unreliability and s 76 Procedure

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Practice notes

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 statement when made does not later become a confession if, at trial, the statement is shown to be false or inconsistent with the evidence given, even where the later evidence appears contradictory to...

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Web page updated on 27/05/2026

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