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What is a confession?

A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or partly adverse to the person who made it.

There is no requirement that the confession must be made to someone in Authority such as a police officer and PACE 1984, s 82(1) provides that the 'statement' can be made by 'words or otherwise'.

This means that a confession can be made orally or in written form and could include conduct such as a nod of acceptance.

The courts have held that to constitute a confession under PACE 1984, the statement must have been adverse to the maker of the statement at the time the statement was made.

A neutral or exculpatory statement at the time it was made, does not subsequently become a confession if at trial, the statement is demonstrated to be false or inconsistent with evidence given on oath.

Where a defendant has initially pleaded guilty to an offence and is subsequently permitted to vacate that guilty plea and contest