It is an essential constitutional principle that a confession must be voluntary.\u00a0 It may not be admitted if it is not voluntary in the sense of having being obtained from fear or prejudice or hope of advantage exercised or held out by a person in authority.\u00a0 It is part of fundamental fairness in the context of the constitutional right to fair procedures in criminal matters.\u00a0 It is part of the right to a trial in due course of law.<\/p>\n
Oppression is questioning which by its nature, duration or other attendant circumstances, including the fact of custody, excites hope (such as the hope of release) or fears as may affect the mind of the subject that his will crumbles and he speaks when otherwise he would have stayed silent.<\/p>\n
A suspect should not be subjected to unfair or oppressive questioning.\u00a0 Prolonged and persistent questioning during a protracted period of detention may constitute oppression even without physical violence or threats of violence.\u00a0 It can reduce the will of the suspect such that the statement becomes involuntary.<\/p>\n
A caution is not of itself sufficient to make a subsequent confession voluntary. \u00a0All the circumstances must be taken into account in order to assess whether the statement may be regarded as the free and voluntary act or omission of the person purporting to make it.<\/p>\n
Statements may be involuntary if they are induced by a threat, a promise held out by a person in authority.\u00a0 If the words are objectively capable of amounting to a threat or promise, and the accused actually understand them, a confession, in consequence, may be inadmissible.<\/p>\n
Even if a statement is voluntarily obtained, in the above sense it may be inadmissible.\u00a0 The Court may by reason of the manner and circumstances in which it is obtained hold that it falls below the required standards of fairness.\u00a0 The requirement for fundamental fair procedures is a separate criteria.\u00a0 It has not been involved to the same extent by the Courts.<\/p>\n
If unfair psychological pressure is exerted to extract a confession, there may be a deliberate denial of fundamental fairness.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Overview Historically, the right to silence has been a fundamental aspect of the criminal process.\u00a0 One aspect was the common law privilege against self-incrimination.\u00a0 The right has several different aspects ranging from the investigative phase to the trial phase. The Irish Courts have recognized that the right to silence is a corollary of the right […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[69],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1538"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1538"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1538\/revisions"}],"predecessor-version":[{"id":1746,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1538\/revisions\/1746"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1538"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1538"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}