(From Court of Appeal of Trinidad and Tobago) Lord Bridge of Harwich asked: ‘. . when the prosecution proposes to tender in evidence a written statement of confession signed by the accused and the accused denies that he is the author of the statement but admits that the signature or signatures on the document are his and claims that they were obtained from him by threat or inducement, does this raise a question of law for decision by the judge as to the admissibility of the statement?’
Held: ‘(1) In the normal situation which arises at the vast majority of trials where the admissibility of a confession statement is to be challenged, defending counsel will notify prosecuting counsel that an objection to admissibility is to be raised, prosecuting counsel will not mention the statement in his opening to the jury, and at the appropriate time the judge will conduct a trial on the voir dire to decide on the admissibility of the statement; this will normally be in the absence of the jury, but only at the request or with the consent of the defence: Reg v. Anderson (1929) 21 Cr.App.R. 178. (2) Though the case for the defence raises an issue as to the voluntariness of a statement in accordance with the principles indicated earlier in this judgment, defending counsel may for tactical reasons prefer that the evidence bearing on that issue be heard before the jury, with a single cross-examination of the witnesses on both sides, even though this means that the jury hear the impugned statement whether admissible or not. If the defence adopts this tactic, it will be open to defending counsel to submit at the close of the evidence that, if the judge doubts the voluntariness of the statement, he should direct the jury to disregard it, or, if the statement is essential to sustain the prosecution case, direct an acquittal. Even in the absence of such a submission, if the judge himself forms the view that the voluntariness of the statement is in doubt, he should take the like action proprio motu. (3) It may sometimes happen that the accused himself will raise for the first time when giving evidence an issue as to the voluntariness of a statement already put in evidence by the prosecution. Here it will be a matter in the discretion of the trial judge whether to require relevant prosecution witnesses to be recalled for further cross-examination. If he does so, the issue of voluntariness should be dealt with in the same manner as indicated in paragraph (2) above.’
Judges:
Lord Bridge of Harwich
Citations:
[1982] AC 204, [1981] 2 All ER 193, [1981] 3 WLR 1
Jurisdiction:
Commonwealth
Cited by:
Explained – Thongjai v the Queen; Lee Chun-Kong v the Queen PC 5-Aug-1997
HL (Hong Kong) A challenge on the admissibility of an admission is not inconsistent with a denial that it had been made; one is question for judge, the other a question of fact for the jury. Lord Hutton aid that . .
Cited – Cletus Timothy, Dexter Reid and Sheldon Lewis v The State PC 22-Apr-1999
PC (Trinidad and Tobago) The defendants appealed their convictions for murder. They asserted that the police had extracted confessions by torture, and that other evidence had been obtained by oppression.
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 May 2022; Ref: scu.244808