What is the test for making a voluntary statement in a criminal case?
Alberta, Canada
The following excerpt is from R. v. Stewart, 1980 ABCA 92 (CanLII):
Lord Sumner in Ibrahim v. R. (1914) A.C. 599 at 609 said this: "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 principle is as old as Lord Hale."
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