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LAW OF EVIDENCE
- Course
- LAW OF PERSONS (LEV3701)
- Institution
- University Of South Africa (Unisa)
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ASSIGNMENT: 01SEMESTER 2
MODULE: LEV3701
UNIQUE NUMBER: 824603
STDUENT NO: 61207896
STUDENT NAME: EBIOKENG NELSON A
DUE DATE: 24 August 2020
, 1.11
A Confession is a comprehensive out of court informal admission
by the accused of all the element of alleged crime. It can be
described as an unequivocal acknowledgement of guilt, which if
it were made in court of law would be accepted as a plea of
guilty.
Section 217(1) of the criminal procedure Act contains three basic
requirements for the admissibility of all confession. According to
S v Khan 1997 (2) SACR 611 (SCA), the requirement for admissibility
in terms of section 217 are aimed at ensuring fairness. These ensure
reliable confession, to protect the privilege against self –
inclination, and to prevent improper behaviour by the police to
those in custody.
The 3 requirements for the admissibility of all confession is that
there have to be made in the following ways:
I. Freely and voluntarily – the statement must not be
induced by a threat or a promise emanating from a
person of authority. In the case where X was promised
that if he confesses then he or she would not be charge
with other murders which were being investigated against
him. These kind of promise from the police affects
voluntariness because had the promise have not been
made X would not have confess.
1
Schwikkard pj and Van Der Merwe SE Principle of Evidence 4th Ed (Juta Cape Town 2016) 24.
2. Criminal procedure Act 51 of 1997
3. S v Khan 1997(2) 611 (SCA)
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