Declaration, in Criminal Proceedings. In Scotland, the statement made by the prisoner before the magistrate is called his declaration. It is the duty of the magistrate to take this declaration immediately on the prisoner's being brought to him—that is to say, if the prisoner is in his sober senses; but under the Criminal Procedure (Scotland) Act, 1887, the magistrate has power to postpone the examination to a time not later than forty-eight hours after arrest, in order to give opportunity for the legal adviser of the prisoner to appear. Before the examination the prisoner is entitled to have a private interview with his legal adviser, who may be present during the examination. The magistrate must previously inform the prisoner that it is entirely at his own option to declare or not, but that if he chooses to declare, the declaration may be used in evidence against him on his trial. In practice the examination is generally conducted by the procurator-fiscal. The declaration ought to contain the name, age, and designation of the prisoner, the parish and county in which the crime is said to have been committed, and all similar particulars. When completed it must be read over to the prisoner, who, if he is able to write, signs every page of it along with the magistrate. If he cannot or will not write, the magistrate signs it in his stead. There must, moreover, be two witnesses present, who shall sign the declaration, and who, if necessary, can speak to the manner in which it was taken. If the prisoner does not understand English, a sworn interpreter must be employed. The declaration cannot be produced as evidence if the magistrate has delegated the duty of taking it to his clerk, or to any one not a magistrate.
In the United States, when a person is arrested for a felony, the magistrate before whom he is brought takes the statement of the accused prior to the commitment if he desires to make one. The magistrate must act in person, and the prisoner must understand that he may or may not make the statement, and that it may be used against him upon his trial. If he cannot write, or refuses to write, the magistrate must not write his name for him; if he signs it he must first have the opportunity of reading it himself, but may waive his right to read it and ask the magistrate to read it to him. The magistrate may ask questions to bring out the facts. The mode of taking the statement or declaration is in general regulated by statute, and may form a part of the preliminary examination. If taken according to the prescribed forms of law, and as a spontaneous admission of guilt, it is termed a judicial confession upon which an indictment may be found.