What is the law governing the admissibility of a statement by the accused?
British Columbia, Canada
The following excerpt is from R. v. Friesen, 2003 BCSC 1760 (CanLII):
The law governing the admissibility of a statement by the accused was stated in Ibrahim v. Rex, [1914] A.C. 599 at p. 609. There it is said: It has long been established as a positive rule of English criminal law, that no statement by an accused is admissible in evidence against him unless it is shewn by the prosecution to have been a voluntary statement, in the sense that it has not been obtained from him either by fear of prejudice or hope of advantage exercised or held out by a person in authority.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are statements or utterances admissible to show the state of mind of the accused at the time the statements were made? (British Columbia, Canada)
Can a member of a governing body's governing body make a statement that impugens the law as written? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
In what circumstances will a confession or statement be admissible if the police held out explicit threats or promises to the accused? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
Can a jury overturn a verdict of first degree murder where the accused and another person conspired to kill the accused? (British Columbia, Canada)
What is the test for ordering an accused to stand trial based on a statement? (British Columbia, Canada)
What is the limitation on charter rights of the accused in the context of a conservation officer's interview with the accused? (British Columbia, Canada)
Does the fact that the accused was given a warning or obtained legal advice between the two statements? (British Columbia, Canada)
Is evidence of a statement made to a witness by a person who is not himself called as a witness admissible? (British Columbia, Canada)
