Define: Confession

In law, a confession is a voluntary statement made by an individual admitting to the commission of a crime or wrongdoing. Confessions can be verbal, written, or implied and are considered strong evidence of guilt in criminal proceedings. However, for a confession to be admissible in court, it must be given voluntarily and without coercion or duress. Courts carefully evaluate the circumstances surrounding the confession to ensure that it was not obtained through improper means, such as threats, promises, or physical force. Additionally, confessions may be challenged or suppressed if the defendant can demonstrate that they were made involuntarily or under circumstances that cast doubt on their reliability. Confessions play a significant role in criminal trials as they provide direct evidence of a defendant’s culpability, but their admissibility and reliability are subject to careful scrutiny by the court.

A confession is a statement made by an individual admitting to the commission of a crime or wrongdoing. It is considered a form of evidence in legal proceedings and can be used against the person who made the confession. Confessions can be obtained through various means, such as interviews, interrogations, or written statements. However, for a confession to be admissible in court, it must be voluntary and not obtained through coercion, duress, or any other form of improper influence. Additionally, the person making the confession must have been informed of their rights, including the right to remain silent and the right to have an attorney present during questioning. If a confession is found to be involuntary or obtained in violation of these rights, it may be deemed inadmissible and excluded from the evidence presented in court.

The Police and Criminal Evidence Act (1984) defines a confession as any statement or action that is wholly or partly adverse to the person making it. It does not have to be in writing or even in words; in some cases, a nod of the head will suffice. It does not have to be made to a ‘person in authority’; a confession overheard by one remand prisoner in the conversation between two others is prima facie admissible. The confession does not even have to be made by the defendant; a confession made by a person he authorises to speak on his behalf, e.g., a barrister, is admissible.

Strictly speaking, a confession is hearsay. However, under common law and now under s. 118 of the CJA_2003, a confession is admissible as proof of the matters stated in it.

A confession is therefore different from a formal admission, which is a documentary statement of culpability, usually made in writing and tendered directly into court by the defendant. A formal admission is first-hand evidence, not hearsay.

The reason that confessions are excluded from the hearsay rule is that it is generally felt that a person would not fabricate his own confession. Of course, the person who reports the confession to court might be unreliable or lying, but that is a matter that goes to the weight of the evidence, not it’s admissibility. In a jury trial, it is for the jury to determine how far they are prepared to believe the evidence of a person who reports a confession when that confession is denied by the defendant himself.

The exception to the exclusionary hearsay rule that is made for confessions only applies to confessions made by the defendant and tendered in evidence by the prosecution (and now, under s. 128(1) of the CJA2003, tendered by a co-defendant). For a discussion of this and related issues, see confessions against co-defendants.

Under English law, there is no requirement of corroboration for confessions. Defendants can be convicted, and have been convicted, solely on the basis of their own uncorroborated confessions.

Unfortunately, there are exceptions to the general principle that confessions are reliable. Confessions are sometimes made under duress, so s.76 of PACE provides safeguards against the admission of improperly-obtained confessions. For more information on this subject, see improperly obtained confessions. Sometimes, the accused overstates his involvement in the offence for various reasons. More commonly, a confession is misheard, misunderstood, or attributed to the wrong person. For more information on these issues, see False Confession.

A particular problem arises if a statement contains both ‘inculpatory’ and ‘exculpatory’ elements. For example, the defendant might state that he was involved in the bank robbery, but he only drove the getaway car and didn’t carry a weapon. The general principle is that, in a ‘mixed statement’ like this, the whole statement is admissible. However, the jury should be warned that the inculpatory part (that the defendant was involved in the robbery) was likely to be more credible than the exculpatory part (that he only drove the getaway car).

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April, 2024.