When does a statement by the accused, or by another person, count as voluntary enough to be admitted as evidence at the hearing?
General information · Not legal advice
Material to check
In a practice file we read the written statement itself and the papers recording how and before whom it was taken, since the provision turns on whether that statement was voluntary, and the record of the hearing where voluntariness was disputed shows what the court was asked to find.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the limit as absolute: a statement made by the accused, or by a person other than the accused, that was 'not voluntary' cannot be used as evidence, and the provision attaches that same limit to both speakers, with no room for admitting such a statement because it is otherwise reliable or consistent with other proof.
Another reading notes what the provision does not supply: it does not define what makes a statement involuntary, does not name who decides that question, and does not say who must show it, so a file in which voluntariness is disputed has to be settled on other papers and rules.
Your judgment
Where the parties dispute whether the statement was voluntary, what in the file could show whether the speaker chose to make it freely?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to define voluntariness or allocate the burden of showing it, or if a court decision sets who decides whether a statement was voluntary.