What is the legal test for admitting a statement by an accused?
Manitoba, Canada
The following excerpt is from R v. Peters, 2009 MBQB 250 (CanLII):
[7] The definitive test for admission of a statement by the accused was set out in Ibrahim v. The King, [1914] A. C. 599 (P. C.), at p. 609: 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.
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