I recently confessed to committing an offence. I was drunk when I made the confession and I truly believe it was forced out of me as I feared I would be beaten up otherwise. Will this be used against me?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Madylene Mendiola, Doonside 2767 NSW
- Confessions are used as evidence but only if they are made voluntarily.
- If you or your loved one has been threatened with violence, violence has been used on you or any other threat or inducement has been made against you then any ‘confession’ made by you as a result of these actions will not be allowed as evidence in the court martial.
- You must explain to your lawyer the circumstances under which you made the confession and argue for it not to be used as evidence against you.