How have courts interpreted the confession rule?
Manitoba, Canada
The following excerpt is from R. v. Gallant, 1980 CanLII 3128 (MB QB):
17 The classic statement of the confession rule is that of Lord Sumner in Ibrahim v. The King, [1914] A.C. 599, at pages 609 and 610.: 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 shown by the prosecution to have been a voluntary statement, in the sense that it has not been obtained from him either by fear or prejudice or hope of advant age exercised or held out by a person in authority.
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