2010 Fiscal Year Final Research Report

Admissibility of Confessions without the Presence of 'Appropriate Adult' in England & Wales

Research Project

Project/Area Number	21830075
Research Category	Grant-in-Aid for Research Activity Start-up
Allocation Type	Single-year Grants
Research Field	Criminal law
Research Institution	Kagawa University
Principal Investigator	KYO Akira Kagawa University, 法務研究科, 准教授 (90513375)
Project Period (FY)	2009 – 2010
Keywords	適切な大人 / 自白 / 証拠排除 / イギリス
Research Abstract	This research examines case laws regarding to admissibility of confessions of vulnerable suspects gained without the presence of 'appropriate adult' (AA). The AA scheme should only be effective, when courts could impose some 'sanctions' against the breaches of the Codes on the police. After introducing and examining of the case laws in England & Wales, this research explores the current situation and problems of case laws in Japan. It end by concluding that courts in Japan has rarely paid serious attention to admissibility of confessions of vulnerable suspects in comparison with England & Wales. The difference between both countries seems to reflect the difference of attitudes toward the preventing false confessions and miscarriages of justice.