Define and distinguish admission and confession?

How the
relevancy of confession is regulated to prevent involuntary
confessions under the QSO?
Introduction:
Admission: An admission is a statement made by a party to a legal
proceeding acknowledging certain facts or elements of a case. It is a
voluntary acknowledgment of some fact or circumstance that is
adverse to the party making the admission. Admissions can be made
by both parties to a case and can be used as evidence against them.
However, admissions typically do not carry the same weight as
confessions, especially in criminal cases, as they may not directly
implicate the party in the commission of a crime.
Confession: A confession is a statement made by a person admitting
guilt or involvement in a criminal offense. Unlike an admission, which
may acknowledge certain facts without necessarily implying guilt, a
confession directly implicates the individual in the commission of a
crime. Confessions are considered highly incriminating evidence and
can have significant legal consequences for the confessing party,
often leading to conviction and punishment.
Relevant provisions:
Article 30 to 43 of QSO 1984 deals with Admission and confession.
Definition of Admission and confession according to QSO 1984:
Definition of admission under Article 30:
 An admission is a legal term that refers to a statement, either
spoken or written, that implies or suggests a fact that is under
consideration in a case or is relevant to the matter at hand.
 This statement can be made by any individual involved in the
case, and it should be made under specific circumstances that
will be further detailed.
Types of Statements Considered as Admission
 In legal contexts, an admission can be either oral, meaning
spoken statements made by a person, or documentary, which
refers to written statements or documents that imply a fact
relevant to the case.
 These statements are crucial in legal proceedings as they can
provide insights, implications, or suggestions about the facts in
question, aiding in the determination of the truth or relevance
of certain issues.
Criteria for Statements to be Considered as Admission
 For a statement to be classified as an admission, it must meet
certain criteria. Firstly, it should suggest an inference about a
fact that is either in dispute (fact in issue) or is relevant to the
case (relevant fact).
 Additionally, the statement must be made by one of the
specified individuals and under particular circumstances that
will be elaborated upon in the subsequent sections of the legal
text.
Persons and Circumstances Involved in Making an Admission
 The legal text likely outlines the specific individuals or parties
whose statements can be considered as admissions. These
individuals could include parties to the case, witnesses, or
other relevant persons involved in the legal proceedings.
 Furthermore, the circumstances under which these statements
are made play a crucial role in determining their admissibility as
evidence. These circumstances may include the context of the
statement, the intention behind making the statement, and the
relevance of the statement to the facts under consideration.
Significance of Admissions in Legal Proceedings
  Admissions are significant in legal proceedings as they can
provide valuable insights into the case, help in establishing
facts, and contribute to the overall understanding of the issues
at hand.
 These statements can be used by both parties involved in the
case to support their arguments, challenge opposing claims, or
clarify certain aspects of the dispute. Admissions can serve as
important pieces of evidence that influence the outcome of the
legal proceedings.
Confession in Criminal Proceedings under Article 37:
Inducement, Threat, or Promise
 In a criminal proceeding, if an accused person makes a
confession, it may be deemed irrelevant if the Court
determines that the confession was influenced by inducement,
threat, or promise related to the charges against the accused.
 The confession is considered irrelevant if it is believed that a
person in authority, such as a law enforcement officer, made
the accused person confess by offering some form of benefit or
threatening harm in connection to the criminal charges.
Criteria for Irrelevance
 For a confession to be deemed irrelevant, the Court must
ascertain that the inducement, threat, or promise was
significant enough to lead the accused person to believe that
confessing would result in a favorable outcome or help them
avoid a negative consequence in the legal proceedings.
 The Court evaluates whether the accused person had
reasonable grounds to believe that by making the confession,
they would gain an advantage or prevent a harm of a worldly
nature concerning the ongoing legal case against them.
Impact on Legal Proceedings
 If a confession is found to be influenced by inducement, threat,
or promise, it raises doubts about the authenticity and
voluntariness of the confession, potentially undermining its
admissibility as evidence in the criminal trial.
 This provision aims to ensure that confessions obtained
through coercive means or under duress are not used against
the accused, as it may lead to unjust outcomes and violate the
principles of fair trial and due process in criminal proceedings.

Difference between admission and confession

 1. Admission: An admission is a statement, either
oral or written, that suggests an inference about a
fact in issue or a relevant fact. It can be made by
any person involved in a legal proceeding under
specific circumstances. For instance, if in a civil
case, A acknowledges owing money to B, it
constitutes an admission.
 Confession: A confession, on the other hand, is a
statement made by an accused person admitting
guilt or involvement in a criminal offense. For
example, if A admits to stealing a valuable item
during police interrogation, it constitutes a
confession.
2. Parties Involved:
 Admission: Admissions can be made by any
person involved in a legal proceeding or by their
authorized agents. For instance, if A's lawyer
acknowledges a debt on behalf of A in court, it's
considered an admission.
  Confession: Confessions are typically made by
the accused person in a criminal proceeding. For
example, if A admits to committing a crime during
interrogation by law enforcement, it constitutes a
confession.
3. Authorization:
 Admission: Admissions can be made by the party
to the proceeding or by an agent expressly or
impliedly authorized by the party. For example, if
A's attorney admits liability on behalf of A in a
contract dispute, it's considered an authorized
admission.
 Confession: Confessions are voluntarily made by
the accused, although they may be coerced or
induced under certain circumstances. For example,
if A confesses to a crime after being threatened by
law enforcement, it may be considered involuntary.
4. Context:
 Admission: Admissions can relate to any fact in
issue or a relevant fact and can be made by
various persons under specific conditions. For
example, if A admits to being present at the scene
of an accident, it's considered an admission
relevant to the case.
 Confession: Confessions directly implicate the
accused in the commission of a crime and are
typically made in response to interrogation. For
example, if A confesses to murdering someone
during police questioning, it directly relates to the
criminal charge.
5. Legal Implications:
  Admission: Admissions may be used as evidence
against the party making the admission in legal
proceedings. For example, if A admits to owing
money to B in a debt collection lawsuit, it
strengthens B's case.
 Confession: Confessions are highly incriminating
and can lead to conviction and punishment in
criminal proceedings. For example, if A confesses
to committing a robbery, it may lead to a guilty
verdict and imprisonment.
6. Proof and Admissibility:
 Admission: Admissions are relevant and may be
proved against the person making them or their
representative-in-interest. For example, if A admits
to a fact in court, it can be used against A in
subsequent legal proceedings.
 Confession: Confessions may be relevant and
admissible if voluntary and not obtained under
duress, coercion, or inducement. For example, if A
confesses to a crime voluntarily during a police
interrogation, it may be admitted as evidence in
court.
7. Consideration in Court:
 Admission: Admissions are considered as
evidence against the person making them or their
representative-in-interest. For example, if A admits
to a fact in court, it can be considered as evidence
against A.
 Confession: Confessions are considered as
circumstantial evidence against the accused and
may affect other persons jointly tried for the same
 offense. For example, if A confesses to a crime, it
may also implicate others involved in the offense.
Key points:
Admission:
1. Scope: Admissions can encompass a wide range of statements,
including those made casually or incidentally, which imply a
fact relevant to the legal proceedings.
2. Types: Admissions can be express (stated explicitly) or implied
(inferred from conduct or silence) depending on the
circumstances.
3. Nature: Admissions are not necessarily incriminating and can
include statements that are neutral or even favorable to the party
making them.
4. Usage: Admissions can be used against the party making them
or their representative-in-interest, but they cannot be used to
prove the case of the opposing party.
5. Revocability: Admissions can sometimes be retracted or
explained away by the party making them, especially if they
were made in error or under a misconception.
Confession:
1. Specificity: Confessions are specific statements explicitly
admitting guilt or involvement in a particular crime, often made
with awareness of the legal consequences.
2. Incriminating Nature: Confessions are inherently
incriminating and carry significant weight as evidence in
criminal proceedings.
3. Voluntariness: The voluntariness of confessions is crucial;
involuntary confessions obtained through coercion, duress, or
inducement are generally inadmissible.
 4. Admissibility: Confessions must meet certain criteria to be
admissible, including being made voluntarily, without undue
influence, and in compliance with legal safeguards.
5. Corroboration: Courts may require corroborating evidence to
support a confession, especially if there are doubts about its
voluntariness or reliability.
Treatment in Court:
1. Presumption of Validity: Admissions are generally presumed
to be valid unless proven otherwise, while confessions may face
closer scrutiny due to their potential for coercion or inducement.
2. Burden of Proof: The burden of proving the validity of a
confession lies with the prosecution, which must demonstrate
that it was obtained voluntarily and without undue influence.
3. Judicial Review: Courts carefully review the circumstances
surrounding confessions to ensure they were obtained lawfully
and ethically, with particular attention to the accused's rights and
protections.
4. Effect on Sentencing: Confessions can significantly impact
sentencing outcomes, often resulting in harsher penalties for the
accused due to their acknowledgment of guilt.
Conclusion:
In conclusion, admissions and confessions play distinct roles within
the legal framework, each carrying its own implications and
considerations. Admissions, whether express or implied, serve as
statements that suggest an inference about a fact relevant to legal
proceedings. They can be made by various parties involved in a case
and are admissible as evidence against the party making them or their
representative-in-interest. Admissions, while potentially influential in
shaping the outcome of a case, do not inherently carry the same
weight of guilt or liability as confessions.
On the other hand, confessions are explicit acknowledgments of guilt
or involvement in a criminal offense made by the accused person.
Confessions are highly incriminating and can significantly impact the
outcome of criminal proceedings. However, their admissibility hinges
on various factors, including voluntariness, absence of coercion or
inducement, and compliance with legal safeguards. Courts carefully
scrutinize confessions to ensure they were obtained ethically and
lawfully, often requiring corroborating evidence to support their
validity.
In summary, while both admissions and confessions serve as critical
pieces of evidence in legal proceedings, they differ in nature, scope,
and legal implications. Admissions provide insight into facts relevant
to a case, while confessions directly implicate the accused in criminal
offenses. Understanding the nuances and considerations surrounding
admissions and confessions is essential for navigating the
complexities of the legal system and ensuring fair and just outcomes
in legal proceedings.