NCJ Number
43812
Date Published
1977
Length
6 pages
Annotation
THE ADMISSIBILITY OF CONFESSIONS BY ACCUSED PERSONS TO MAGISTRATES AND POLICE OFFICERS UNDER THE LAW OF SRI LANKA IS DISCUSSED.
Abstract
MAGISTRATES ARE EMPOWERED TO RECORD CONFESSIONAL STATEMENTS MADE BY ACCUSED PERSONS AT ANY TIME PRIOR TO THE COMMENCEMENT OF A TRIAL. THERE IS QUESTION AS TO WHETHER MAGISTRATES BEFORE WHOM A TRIAL IS LIKELY TO TAKE PLACE ARE DISQUALIFIED FROM RECORDING A CONFESSION OF THE PERSON INVOLVED. CONFESSIONS ARE ADMISSIBLE ONLY WHEN THEY ARE MADE VOLUNTARILY, AND THE BURDEN FOR PROVING THAT A CONFESSION WAS MADE VOLUNTARILY RESTS WITH THE PROSECUTION. THE PROSECUTION MUST SHOW THAT THE CONFESSION WAS NOT EXTRACTED BY ANY SORT OF THREAT OR VIOLENCE OR OBTAINED BY ANY PROMISE OR EXERTION OF IMPROPER INFLUENCE. ANY STATEMENT OF A CONFESSIONAL NATURE RECORDED BY A POLICE OFFICER IS INADMISSIBLE IN EVIDENCE, EVEN IF THE STATEMENT HAS BEEN MADE VOLUNTARILY. IF THE ACCUSED CHOOSES TO GIVE EVIDENCE AT HIS OWN TRIAL, THE PROSECUTION MAY NOT USE EVEN AN INNOCUOUS PART OF A CONFESSIONAL STATEMENT MADE BY THE ACCUSED TO THE POLICE TO CONTRADICT A VERSION GIVEN BY THE ACCUSED IN COURT. THE ORDINARY RULES OF EVIDENCE RELATING TO CONFESSIONS DO NOT PERTAIN IN THE PROCEEDINGS OF THE CRIMINAL JUSTICE COMMISSION, A BODY CALLED FORTH BY THE PRESIDENT WHEN THE ORDINARY COURTS ARE UNABLE TO HANDLE ADEQUATELY SUCH CRIMES AS FOREIGN EXCHANGE OFFENSES AND OFFENSES RELATED TO REBELLION OR INSURRECTION. IT IS SUGGESTED THAT THE SRI LANKA RULES OF EVIDENCE GOVERNING ADMISSIBILITY OF CONFESSIONS SHOULD BE MODIFIED TO ALLOW ADMISSION OF CONFESSIONS MADE TO POLICE OFFICERS, SUBJECT TO SAFEGUARDS.