Role of Confession in a criminal case

Role of Confession in a criminal
case
Considering Confession as an
evidence
Student Credentials

Criminal Law 1
Introduction
While investigating a case, the major aspect that needs to be taken into consideration is the
evidence. This evidence makes the investigation easier and relieves the parties from the
burden of proof. The question here arises as to what is “Evidence” or what can be considered
“evidence”. The word evidence is used in an investigation as to in relation with the
information or the sources that provide such information that help individual parties in
proving or disapproving certain points as per their requirement before any clear facts are
stated or found out1. Evidence has been defined by various scholars and various researchers
but all of the definitions conclude upon the same idea that evidences include all the
information and all the aspects related to that certain case to direct towards a specific point in
order to agree with something or disagree for that matter. Here in this discussion, the issues
that shall be debated upon include numerous aspects related to evidences. Especially the
‘Confession ‘, how important it is to preserve a confession if made and where is it admissible
and everything else related to confession shall be discussed further.
Confession as an evidence
The major sources of evidence that have been considered throughout the years include
examination of witnesses, observations of how witnesses respond and what they respond to2.
The other key aspect in relation with evidence is that the analysis that revolves around certain
physical objects that are in some or the other manner related to the act of crime. Evidence
does not just refer to the materialistic objects but also certain specific inter –relations amongst
individuals, places that are somewhat related to the crime scene or the crime in any manner,
even the objects involved are in some or the other manner are evidence3. With the help of
1 Hse.gov.uk, 'Key Rules Of Evidence - Court Stage - Enforcement Guide (England & Wales)' (Hse.gov.uk,
2019) <https://www.hse.gov.uk/enforce/enforcementguide/court/rules-key.htm> accessed 27 December 2019.
2 Civil Evidence Act 1968
3 Evidence Act 1851

Criminal Law 2
these evidences, the courts take specific steps and consider each one of them while making a
specific decision as per the circumstance or court deems fit.
Now there are certain legalities that need to be fulfilled or in consideration of which the
evidence should be so as to be admissible in the court. There are a few rules or conditions
that these evidence shall be in accordance with, so that the court even considers them as valid
information so as to be considered while making decisions. In United Kingdom, there are
certain laws that ultimately decide to what can be considered as evidence in cases. In not just
United Kingdom but worldwide countries have made certain laws or statutory laws in
accordance with which evidence is made acceptable or else the information collected is not
allowed in the court of law.
Criminal Justice Act 1957, states it clearly as in under the section (1) that the “factual
admissions may be made of any fact of which oral evidence may be given in any criminal
proceedings” which means that the admissions cannot be misused in order to admit any
evidence which otherwise will not be included or regarded as an unlawful evidence as per the
court and might have a huge chance to be excluded by the court4.
Similarly, in another act which is the Police and Criminal Evidence Act, 1984 discusses a
kind of evidence which a criminal gives away on his/her own will and the said evidence is
said to be self –crematory as the person admits to what crime he/she has committed5. This is
known as Confession and it has been discussed under the said act under section 76, how this
evidence can be and cannot be used depending upon the situation or the circumstance is what
this section states6. Rules and regulations where it is acceptable as evidence in the court and
when it non –admissible in the court everything has been discussed over there. A brief idea
behind the whole section is, that an admission can incorporate based upon any announcement
4Criminal Justice Act 1957
5 Police and Criminal Evidence Act, 1984
6Police and Criminal Evidence Act 1984 s76

Criminal Law 3
or a statement completely or incompletely unfavourable to the individual who made it,
regardless of whether made to an individual in power or not and whether made in words or
something else. Issue here is that whether the said announcement has been gotten by abuse or
coerced conditions or in conditions which make it temperamental is constantly an issue of
truth in every one of the conditions.
On the off chance that a litigant wishes to challenge the acceptability of an admission or the
confession that is being questioned for its acceptance, the court will ordinarily choose the
issue and decide upon what it thinks is best by holding a smaller than normal preliminary
(popular by the name of 'voir dire') where both the sides can go head and argue and try
proving their points and in order to do they can produce evidence supporting their particular
points in relation with the admissibility of the confession in question7.
Admissibility of confession under the PACE section 76 or the Police and Criminal Evidence
Act 1984 can only be done under this section if the confession or the said evidence is not
disputed or either has been obtained by implying force on the individual as it will be a
forceful or coerced admission and not a confession or if something has been stated during a
situation which is unreliable such as a quarrel between two individuals, in such a case, the
prosecution shall have to provide or for a fact prove the reasonable doubt behind the said
confession of the other part8.
Another aspect that is being talked about in this section is the Oppression or the use of force
while a confession is made. It refers to any kind of abuse such as the utilization or risk of
viciousness, torment, and cruel or corrupting treatment. This term is quite what is stated in a
dictionary or the meaning here in scenarios as such applies the same as specified in a
7Legislation.gov.uk, 'Police And Criminal Evidence Act 1984' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/1984/60/part/VIII/crossheading/confessions> accessed 27 December
2019.
8Police and Criminal Evidence Act 1984 s76