CHAPTER ONE
1.1   INTRODUCTION
An adverse admission relevant to the issues of guilt in a criminal case is known at Common Law as confession, and the same terminology is employed by the Evidence Act 1990. As indicated above, confessions represent the most important and most frequently encountered exception to the rule against hearsay in criminal cases, fundamental changes in the law pertaining to confessions were introduced by the Evidence Act 1990, but in order to understand the principles of admissibility of confessions, it is necessary to understand the principles of admissibility developed at common law to govern the admissibility of confessions. Apparently, we will summarize the most important aspects of the common law rules, we will then proceed to examine the new statutory definition and rules of admissibility of confessions.
While the common law recognized that a confession might be both reliable and cogent as evidence of guilt, and indeed saw no objection to a conviction in cases where a confession was the only evidence against the accused, the law recognized that a confession could be regarded as reliable only when given freely and voluntarily. If coerced on forced, reliability of the confession might be totally compromised and the integrity of the system of administration of justice itself made to suffer. The exclusion of evidence obtained through torture, force or other coercive methods was the means of protection of the accused developed by the judges during the eighteenth and nineteenth centuries, when the memory of an age when such methods were commonplace still lingered. Its significance may be gauged by the fact that in English law, the rule that a confession obtained by oppression, in circumstances likely to render it unreliable must be excluded, is the only instance of the mandatory exclusion of illegality or unfairly obtained evidence. The classic statement of the common law rule as to admissibility of confession was that of Lord Sumner in Ibrahim .V. R1
          “It has been established that no statement by an accused is admissible in evidence against him unless it is shown by the persecution to have been voluntary statement, in the sense that it has not been obtained from him either by fear, or prejudice or hope of advantage exercised or held out by a person in authority”.
In common parlance, ‘voluntary’ meant simply of one’s free will’. That test of voluntariness, as defined by Lord Sumner was supplemented by Lord Parker C.J in Callis .V. Gunn2, when he added the requirement that a confession must not have been
obtained in ‘an oppressive manner’, his observation was, strictly speaking, obiter – the case involved the admissibility of fingerprint evidence. But when the Judges’ Rules appeared in revised form in 1964, the introduction started that the rules did not affect the principle, which was overriding and applicable in all cases that:
… It is a fundamental condition of the admissibility in evidence against any person equally of any oral answer given by that person to a question put by a police officer and of any statement made by that person, that it shall have been voluntary in the sense that it has not been obtained from him by fear of prejudice or hope of advantage, exercise or held out by a person in authority.
Interestingly, Lord Sumner’s phrases fear of prejudice’ and ‘hope of advantage’ are habitually spoken of as ‘threats and ‘inducements’ respectively. It give rise to some problems in the application of the rules of admissibility at common law. In particular, the suggestion of some deliberate act in the words ‘threats’ and ‘inducements’ for a time led the courts to concentrate on the mind of the questioner, rather than on the mind of the suspect. As the problem may recur, despite the apparently clear wording – of the 1990 act, it is worth pursuing briefly. In R .V. Iseguilla3, the court of Appeal concluded that: