A Critical Appraisal of the Procedure for the Recording of Confessional Statements of Suspects: Existing Defects and the Way Forward

In a plethora of cases, it has been held by the Courts that confessional statements made by suspects constitute the best form of evidence which can be relied upon. When a suspect is apprehended by law enforcement agencies and is required to make any statement, such a statement becomes a confessional statement in the event the suspect admits to the commission of a crime, or makes an inference that he committed the crime. In light of Section 15(4) of the Administration of Criminal Justice Act 2015, there have been instances where confessional statements have been rejected during trial for failure to comply with the procedure laid down in that section. While Section 15(4) of the Act seeks to maximize the use of technology to enhance our criminal justice system, this paper identifies that there is no robust mechanism to ensure its implementation. Consequently, in the years to come, will the same stance remain that confessional statements constitute the best form of evidence? This paper examines Section 15(4) of the ACJA 2015, highlights the underlying issues in its implementation, and proposes a way forward.