Who must prove that a confession was made voluntarily under English law?

Under English law, the burden of proving that a confession was made voluntarily lies with the prosecutor.1

Historically, while confessions were once considered the ultimate form of evidence, the legal system evolved to reject involuntary statements. Consequently, it became a requirement for the prosecution to demonstrate that a confession was not obtained through duress or other unacceptable means. Modern English law allows a confession to be admitted into evidence provided it was not obtained by oppression—such as torture, the use or threat of violence, or inhuman treatment—or through circumstances likely to render the confession unreliable.12