Where it is proposed by the prosecution to give evidence of a confession in court, and the defence makes a representation to the court that the confession was or may have been obtained by;

oppression or

in consequence of anything said or done which, in the circumstances existing at the time the confession was made, render any confession made unreliable,


the court shall not allow the confession, unless the prosecution can prove beyond reasonable doubt that the circumstances alleged did not exist (i.e., the onus rests with the prosecution to negate allegations of oppression or unreliability).

Oppression - is defined in S.76(8) as including, “torture, inhuman or degrading treatment and the use of or threat of violence”.

This definition has been widened by R v Fulling to include the “burdensome or harsh exercise of authority”.

Oppression may also cover bullying of a suspect (but not swearing at him/her). It should be noted that allegations of oppression are very unlikely to be accepted if the suspect was interviewed with his/her lawyer present.

Unreliability - Case law has offered examples of the scope of conditions etc. found to make confessions unreliable, and such circumstances include:

Prolonged periods of confinement.

Inducements offered, e.g., “if you confess, we will drop the corporate manslaughter charge” etc.

Confessions made to shield someone else.

Confessions made by suspects with a low IQ or fragile mental condition.

Where there were breaches of the PACE Codes of Practice.
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Oppression is the subjugation of one group by another, carried out under conditions of unequal power, and often enforced by threats of or by actual violence. According to Webster’s Third International Dictionary (1993), oppression is the “unjust or cruel exercise of authority or power esp. by the imposition of burdens; esp. the unlawful, excessive or corrupt exercise of power other than by extortion by any public officer so as to harm anyone in his rights, person, or property while purporting to act under color of governmental authority”.