IEA Section 29 — Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc

Summary

A confession that is already relevant to a case does not become irrelevant just because it was made under a promise of secrecy, or because the accused was tricked into making it, or because the accused was drunk at the time. It also does not become irrelevant if it was made in response to questions the accused did not have to answer, regardless of how those questions were asked, or if the accused was not warned that they did not have to confess and that the confession could be used against them.

Official Text

If such a confession is otherwise relevant, it docs not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.

Old <-> New Code Mapping

• BSA §22 — Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding