The rule that a confessional statement is not admissible if it was induced by a fear of prejudice or a hope of advantage exercised or held out by a person in authority applies equally where the inducement does not relate to the actual or contemplated charge as where the inducement does so relate. There was no requirement that the inducement relate to the charge, but no doubt was cast on the approach of Parke B in R v Moore.
References: [1967] 1 AC 760, (1967) 51 Cr App R 123
Judges: Lord Reid (Lord Morris of Borth-y-Gest, Lord Hodson, Lord Pearce and Lord Wilberforce agreeing)
Jurisdiction: England and Wales
This case cites:
- Approve – Ibrahim v The King PC 6-Mar-1914 (, , [1914] UKPC 1, [1914] AC 599, , [1914] UKPC 16, [1914-15] All ER Rep 874, (1914) 24 Cox CC 174)
(Hong Kong) The defendant was an Afghan subject with the British Army in Hong Kong. He was accused of murder. Having accepted the protection of the British Armed forces, he became subject to their laws. In custody, he was asked about the offence by . .
This case is cited by:
- Cited – Hasan, Regina v HL 17-Mar-2005 (, [2005] UKHL 22, Times 21-Mar-05, , [2005] 2 AC 467, [2005] 2 WLR 709, [2005] 4 All ER 685)
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . . - Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005 (, [2005] UKHL 71, , Times 09-Dec-05, [2005] 3 WLR 1249, [2006] 2 AC 221, [2006] 1 All ER 575, 19 BHRC 441, [2006] UKHRR 225, [2006] HRLR 6)
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . . - Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008 (, [2008] EWHC 2048 (Admin), [2009] 1 WLR 2579)
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.223677
