What is the effect of the voluntary nature of statements in criminal cases?
Alberta, Canada
The following excerpt is from R. v. S.M.B., 2005 ABQB 784 (CanLII):
One aspect of the rule was expressed 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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