legal implications of false confessions in criminal cases

False Confessions in Criminal Law

False confessions have complicated legal implications within the criminal justice system. A false confession is not only misleading to the court, it is a miscarriage of justice. There are different scenarios under which a false confession can arise, from voluntary false confessions to police-induced false confessions. There are multiple types of false confessions including coerced-compliant confessions, disputed confessions and psychological coercion. No matter the type, false confessions create difficult situations that can lead to wrongful convictions, disputed confession cases and challenges at pre-trial reliability hearings. Confessions can be elicited in many ways, however they must fall within appropriate police interrogation guidelines to avoid the confession being called into question. The pressure of being at a police station can be enough in many instances for anxiety and stress to take over. For an overview of your basic rights with police in NSW, see NSW Police – Your rights and responsibilities. If you have made a false confession, early legal advice is preferable. Jameson Law has a team of criminal lawyers in Sydney ready to assist. Call (02) 8806 0866 or contact us for confidential advice.

Reasons For False Confessions

Police Interrogation

It is not uncommon for the pressure of police interrogations to result in an individual making a false confession. This can be for a number of reasons, however all have complicated legal implications. If a person is found to have made a false statement, they can be charged and face criminal consequences. Making a false statement can amount to perverting the course of justice. Investigators may use interrogation methods designed to test a person’s version of events. A detective can then use the information to form a theory or narrative, creating what many describe as interrogation pressure. Interrogations are subject to rules and guidelines. It is not appropriate for police to question a suspect without first explaining their rights or allowing access to legal representation. Learn about interviews and cautions at LawAccess NSW, and see the statutory framework in LEPRA Part 9 and the admissibility rules in the Evidence Act 1995 (NSW) s 84–90. For tailored help before or after a police interview, see our guides on court and police representation and bail.

Drug And Alcohol-Related Confessions

It is widely understood that drugs and alcohol can affect a person’s actions and statements. It is not appropriate to interrogate or interview someone in a formal capacity if they are under the influence or in withdrawal. Any formal statement given in that state may be inadmissible because it is unreliable. Police can hold a suspect in custody until the substance has cleared their system, then proceed once they are sober to reduce the risk of a disputed confession. For information about drug driving detection, see Transport for NSW – Drug driving.

Mental Health

There are serious concerns at times about interrogation tactics used with people who have diagnosed mental illness or limited intellectual functioning. Vulnerable suspects can more easily become overwhelmed, resulting in false confessions simply to escape the environment. It often takes a mentally strong person to withstand interrogation pressure. If this is relevant to you or a family member, practical supports are available via NSW Health Mental Health, Beyond Blue and Head to Health. Interrogation techniques are not meant to prey on vulnerabilities. Authority figures must not be seen to abuse their power. In these circumstances, even if a suspect confessed, the confession can be tainted by improper interrogation and excluded under the Evidence Act. If you have concerns about treatment in custody, you can also review standards at the Australian Human Rights Commission and the prosecution approach in the NSW DPP Prosecution Guidelines.

Consequences Of False Confessions

Wrongful Conviction

If someone falsely confesses and is wrongfully convicted, the legal and human consequences can be extreme. In some countries, people can be placed on death row as a result of a conviction. If this follows a false confession, the truly guilty party escapes accountability while an innocent person pays the price. For example, post-conviction DNA evidence or later crime scene analysis has completely exonerated false confessors. It may have been physically impossible for the individual to have committed the crime, yet a confession curtailed further inquiry at the time. A wrongful conviction is a black mark against the justice system. It highlights flaws that must be addressed, whether procedural, cultural or resourcing-related. If you need to challenge a conviction or sentence, read about criminal appeals in NSW.

Further Criminal Offences

Providing documented false confessions can result in additional charges. False confessions can pervert the course of justice by misleading police and the court. If a false confession leads to false evidence being put before a court and a wrongful conviction follows, serious offences, including obstructing or perverting justice, may be charged. Conversely, these same materials can later be used to exonerate innocent prisoners when properly tested. Know your rights before speaking with police. Review LawAccess on police interviews, the NSW Police guide to rights and responsibilities, and seek help from Legal Aid NSW if required. For immediate representation in Sydney and surrounds, contact Jameson Law’s criminal defence team on (02) 8806 0866. General information only. This page is not legal advice. Time limits and evidentiary rules apply. Get advice about your specific situation.