There is no distinction between the terms confessions and admissions
Under the Victorian law, there is no distinction between the terms confessions and admissions, although these terms are distinct from one another under the common law. Under the Evidence Act 2008, both these terms refer to the same type of evidence. Both refer to a previous representation made by a party to a proceeding that is adverse to her or his own interests in the outcome of the said proceeding. Under the law, the word admission is the most commonly used.
The definition of this term as provided in the Evidence Act 2008 covers both the express admissions and implied admissions by conduct. It also includes the statements that rebut any possible defence of the one making the admission.
Admission of facts and truth can be made to a police officer or other witnesses. One way that the accused can make an admission is by pleading guilty to the offence charged during a committal hearing. Such plea is tantamount to admitting the essential elements of the offence charged. And when the statements made by the accused include exculpatory and inculpatory elements, the former will be admissible if the same is reasonably necessary in order to justify the admissions.
There are prerequisites for the admissibility of admissions which the jury must be aware of. They may use and admit the alleged admissions if they are satisfied that they were made by the accused and contain truthful substance. The jury must not allow themselves to be distracted by the truthful facts in the alleged admissions from the possibility that the admission is a fabrication of facts and the person giving the same is aware of it.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.