Voir Dire

The police officer may not repeat any statements you made unless the prosecutor can establish that you made them freely and voluntarily. The justice may ask you if you made these statements. You should say no. This will force a "voir dire" which is a "trial within a trial". Basically the justice holds a mini hearing to determine the admissibility of evidence or the competency of a witness.

Here the prosecution has to call any witnesses that heard you make the statement. You must try and cast doubt: that you were offered favours, threats, inducements, or promises by the police to make the statement. And you can do so by testifying during the voir dire. If the justice agrees, the statement will be ruled as inadmissible.

This is important for mens rea cases where the prosecution will try and use statements you made to prove your state of mind and your intentions. It is in your interest to prevent them using these statements at trial.

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