(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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“proceedings” means criminal proceedings, including service proceedings;
“Service court” means the Court Martial or the Service Civilian Court
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(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 .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
[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]).
[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])
[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.