If I make an admission to the police involuntarily, will the admission be admissible?
A confession made to the police in a record of interview is hearsay evidence because the prosecution needs to rely on the truth of the confession. Hence, for such a record of interview to fall within one of the exceptions to the hearsay rule, it must be voluntary, in the sense that it must not be obtained from the defendant either by fear of prejudice or hope of advantage excited or held out by a person in authority.
Even if the confession is voluntary, the court still has a residual discretion to rule out the confession if its prejudicial effect outweighs its probative value, to ensure the Defendant enjoys a fair trial.
The burden of proving voluntariness lies with the prosecution, who must clearly show that the confession was not made through any improper means.
