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Criminal Procedure Code 2010 – Confessions and Statements by Accused Persons Revisited

Chin Tet Yung

(2012) 24 SAcLJ 60

Abstract:
As the provisions on admissions and confessions in the Evidence Act are ported over to the new Criminal Procedure Code substantially unchanged, the article examines the developments in case law and in other fields (such as behavioural sciences). It is argued that the old voluntariness formula remains difficult to apply even taking into account the valiant judicial attempts to rationalise this area of the law. It examines the incorporation of the doctrine of oppression, and discusses the problems of procedural irregularities as revealed in recent decisions. The article makes the case that there should have been more substantial amendments to the law.