You Had the Right to Remain Silent, But You Made a Statement(Oral/Written) to the Police. What Next?

When someone is accused of a crime, anything they say to the police before trial, whether during questioning or in an interview, can significantly impact their case. But not every statement can be used in court.

Before a statement can be used, the judge must decide if it was given voluntarily, meaning the person spoke freely, without threats, pressure, tricks, or promises of benefit. The key question is fairness.

If a person confessed because they were scared, tired, or promised an easier outcome, the law says that statement should not be used.

It’s up to the prosecution to prove that the statement was made fairly and voluntarily. If there’s any doubt that it was obtained through pressure or unfair treatment, the judge can refuse to admit it.

Since 1964, Jamaica has followed the Judges’ Rules, which are guidelines that tell police officers how to question people fairly. These rules aren’t laws, but they help protect suspects’ rights and ensure that any confession is truly voluntary.

If the police break the Judges’ Rules, the judge doesn’t automatically throw out the statement, but will look at whether admitting it would be unfair. Even if the rules were followed, a judge can still exclude a statement if it seems unjust to use it.

In Summary:

• Your statement must be voluntary to be used in court.

• Fairness is the main test.

• Judges decide what’s fair in each case.

• The prosecution must prove your rights weren’t violated.

This article provides general information only and is not intended as legal advice. If you have been questioned or charged with a criminal offence, or have concerns about how a statement was taken, you should consult an attorney-at-law for advice specific to your situation.