Police and Criminal Evidence Act 1984, section 82

Part VIII— interpretation

Part VIII Evidence in Criminal Proceedings—General

(1)In this Part of this Act—

  • “confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;

  • F780 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “proceedings” means criminal proceedings, including [F781 service proceedings; F781]

  • “Service court” means [F782 the Court Martial or the Service Civilian Court F782] .

[F783 (1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006 . F783]

(2)F784. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.

Cases considering section 82 23

Judgments - Hasan (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formerly Regina v. Z (2003) (On Appeal from the Court of Appeal (Criminal Division))

[2005] UKHL 22 · 17 March 2005Interprets

The word “includes” extends the core meaning of confession to partly adverse statements. It does not bring wholly exculpatory statements within the definition (see paras [50], [55]-[59]). Cited as preserving the common-law discretion to exclude evidence where prejudice outweighs probative value (see para [50]).

Sliogeris v R

[2015] EWCA Crim 22 · 30 January 2015Defines

The statutory definition was applied by separating the admission that Pocius was present from his independent accusation of the appellant. Only the former was capable of being adverse to Pocius. (see paras [30]-[35])

Nazir, R v

[2009] EWCA Crim 213 · 20 February 2009Defines

The statutory definition of confession includes a statement wholly or partly adverse to its maker. The court held that statements admitting sole responsibility while exculpating a co-accused could still be confessions within that definition (see paras [22]-[25]).

3 more judgments, and what each says about section 82, are in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F780S. 82(1): definition of "court-martial" repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 104(2)(a), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059) this amendment is subject to savings and/or transitional provisions, see the commentary. text repealed prospectively or the amendment may be in effect for limited purposes, see the commentary.
  2. F781S. 82(1): words in definition of "Proceedings" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for "paragraphs (a) to (c)" by virtue of Armed Forces Act 2006 (c. 52), ss. 378, 383 {Sch. 16 para. 104(2)(b)}; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F782S. 82(1): words in definition of "Service Court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383 {Sch. 16 para. 104(2)(c)}; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F783S. 82(1A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 104(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F784S. 82(2) repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 104(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059) this amendment is subject to savings and/or transitional provisions, see the commentary. text repealed prospectively or the amendment may be in effect for limited purposes, see the commentary.

Modifications

  1. C573S. 82 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(v), Sch.
  2. C574S. 82 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(w), Sch. paras. 1-10
  3. C575S. 82(1) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 28(1)

Extent

  1. E10S. 82 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)