Unit 4 - Confessions in criminal trials Flashcards
Define ‘confession’.
The court in Rex held that a confession is an unequivocal acknowledgement of guilt, the equivalent of a plea of guilty for the offence and/or lesser offence before a court.
Discuss section 219 of the Criminal Procedure Act.
- A confession is admissible only against the person who made the confession and may not be admitted either directly or indirectly against any other person (such as a co-accused for example).
- This rule is also applicable to admissions and to evidence arising out of pointing-out that constitutes an admission.
Discuss the admission of an involuntary confession.
According to S v January, involuntary confessions are excluded to protect individual rights and ensure fair treatment, preventing wrongful convictions and maintaining trust in the justice system.
Discuss section 35(1)(j) of the Constitution.
- Makes the privilege against self-incrimination an essential component of a fair trial.
- There is an objective test regarding incriminating statements intended to be exculpatory (which means to clear someone of fault or blame).
- The test is not whether the accused intends to admit that he is guilty, but whether he intends to admit facts which make him guilty, whether he realizes it or not.
What are the admissability requirements for a confession ?
- Freely and voluntarily by the accused;
- While in sound and sober senses;
- Without being unduly influenced.
Discuss the free and voluntary requirement.
- In common law, a free and voluntary statement is one made without threats or promises from someone in authority.
- However, if undue influence is present, it takes priority in the analysis, this means that even if a statement seems voluntary, it can still be excluded if it was made under undue influence.
- Essentially, the focus is on ensuring that statements genuinely reflect a person’s intent, free from manipulation.
Discuss the sound and sober senses requirement.
- Before a confession will be admitted into evidence it must be proved that the accused understood/appreciated what they were saying.
- In practice, if the accused was intoxicated, extremely angry or in great pain this not itself lead to the conclusion that the requirement has not been met, unless it is established that the accused did not understand/appreciate what they were saying.
Discuss the test for undue influence.
- The objective test entails simply whether or not the accused was advised of their right to legal representation in accordance with their Section 35 rights and it is an objective test of fact.
- The subjective test entails whether the absence of legal representation amounts to undue influence is a subjective test.
Discuss section 217(1) of the Criminal Procedure Act.
The admissibility of a confession in terms of section 217(1) is determined at a trial within a trial where an accused may not be cross-examined as to whether the confession is true or not but rather to test the accused’s credibility.
Can the court overrule a decision ?
- If during the course of the trial evidence comes to light which causes the court to question its ruling regarding admissibility, in the trial within a trial, it is entitled to overrule its decision.
- The court cannot provisionally admit a confession on the basis that evidence may emerge later justify the admission.
Discuss inadmissible confessions
becoming subsequently admissible.
A confession excluded by section 217(1) is
unconditionally inadmissible and cannot become
admissible by waiver; or consent by accused.
Discuss the exceptions to section 217(1).
- Section 217(3)(a) - He adduces in the relevant proceedings any evidence, either directly or in cross-examining any witness, of any oral or written statement made by him either as part of or in connection with such confession.
- Section 217(3)(b) - If such evidence is, in the opinion of the judge or judicial officer presiding such proceedings, favorable to such person.
Discuss confessions made to peace officers.
Section 1 of the Criminal Procedure Act states that the onus rests on the accused to show that the person to whom he made the confession is a peace officer.
What are the requirements for confessions made to peace officers ?
- The confession must be addressed to the peace officer.
- It will not be said to have been made to a peace officer if the confession is merely made in the presence of the peace officer.
- If the peace officer is used solely as an interpreter.
Discuss confirmation and reduced to writing confessions made to peace officers.
- Once a confession made to a peace officer is confirmed and reduced to writing in the presence of a magistrate or justice of the peace, it is treated as if it were a new confession.
- Confessions made to peace officers who are also magistrates/justices need not be reduced to writing and will be admissible if they comply with the admissability requirements for a confession.
