Report and Recommendations - Scottish Government

Other jurisdictions7.4.7 The position in England and Wales is not too dissimilar from that in Scotlandand there are strong indications that Scotland may have adopted much of itsthinking from the English precedents. Confessions are, as already noted,admissible as against interest and thus an exception to the hearsay rule. Thereis a specific provision regarding confessions in PACE 19 . It defines aconfession as “any statement wholly or partly adverse to the person who madeit” 20 . However, there is a distinction between statements which are “entirelyself serving and those which are only partly adverse to the accused” 21 . Thelatter are “mixed” 22 . The editors of Archbold comment that a “substantialbody of case law” has built up on this subject in recent years. This is not at allsurprising. The importance of what is a mixed statement, as distinct from anexculpatory one, looms large. It is tested by reference to whether it containsany admission of fact which adds to the weight of the prosecution case 23 andnot by reference to the purpose of the Crown when adducing it 24 . Anexculpatory statement is not a “confession” 25 and thus not admissible underPACE. However, it is admissible to show the attitude of the accused when thestatement was made 26 . It is also admissible, even if it is a complete denial, ifit is inconsistent with another denial 27 . However, a judge should “plainly”19 s 7620 s 8221 Archbold 2011 para 15-400; see also Blackstone 2011 para 17.61 et seq22 R v Sharp (supra), R v Aziz [1996] 1 AC 41 following R v Duncan (1981) 73 Cr App Rep 359, LordLane CJ at 36523 R v Garrod [1997] Criminal Law Review 44524 Western v DPP (1997) 1 Cr App Rep 47425 R v Z [2005] 2 AC 46726 R v Pearce (1979) 69 Cr App R 365 at 368, 370; Storey (1968) 52 Cr App R 334, Widgery LJ at 337-33827 R v Pearce (supra) at 369-370306