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."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
What is the effect of the voluntary nature of statements in criminal cases? (Alberta, Canada)
Does the voluntariness of a statement by a police officer in a sexual assault case apply? (Alberta, Canada)
What is the test for self-serving statements in a criminal case? (Alberta, Canada)
What is the case law on case-by-case privilege? (Alberta, Canada)
In what circumstances will the rule excluding hearsay be rejected in a criminal case? (Alberta, Canada)
What is the defence of insanity in criminal cases? (Alberta, Canada)
Can a police officer make a roadside breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
