2 Admission and confession

AdmissionConfession What it isA statement against interest on a fact in issueA statement admitting the offence itself Who may make itA party, in civil or criminal proceedingsAn accused, in a criminal case Test of admissibilityVoluntariness and relevanceVoluntariness above all DangerAdmissions may be mistaken or partialConfessions may be extracted by inducement, threat or torture The rule that a confession to a police officer is not by itself enough, and that a confession must be recorded before a magistrate, exists because of that last danger. A confession obtained by coercion is excluded even if it is true: the rule protects the process, not the fact.