Statements Made in The Presence of The Accused
The common law rules on the admission of confessions are preserved, and apply so long as the statement was made voluntarily. Under the common law, where a statement is made in the presence of the accused, by a person with whom the accused is on even terms, upon an occasion which should be expected reasonably to call for some explanation or denial from him, the accused's acceptance of that statement, including by giving an insufficient explanation or by acquiescence. In deciding whether to put the matter to the jury, the judge should ask:
(1) could a jury properly directed conclude that the defendant adopted the statement in question? If so, (2) is that matter of sufficient relevance to justify its introduction in evidence? If so, (3) would the admission of the evidence have such an adverse effect on the fairness of the proceedings that the judge ought not to admit it?
Read more about this topic: Confession (law), Worldwide, England and Wales
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