The Concept of Voluntariness in the Law of Confessions
The common law principle, that no statement by an accused is admissible in evidence unless it is a voluntary statement, is enshrined in s 122(5) of Singapore's Criminal Procedure Code. Both the UK and Australia have abandoned this principle and replaced it with a "reliability test"; statements are excluded only if they are likely to be unreliable. This article questions the desirability of adopting a similar position in Singapore. It examines the jurisprudential basis of the voluntariness concept, the alleged defects of the concept and the applicability of the English and Australian reforms to Singapore. The article concludes that the reliability test should not be adopted because of potential negative ramifications.
Criminal procedure, Evidence (Law), Criminal Evidence
Criminal Procedure | Evidence
Singapore Academy of Law Journal
Singapore Academy of Law
QUEK ANDERSON, Dorcas.
The Concept of Voluntariness in the Law of Confessions. (2005). Singapore Academy of Law Journal. 17, (2), 819-866. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1754