Admissions made voluntarily to police informants wearing concealed recording devices are not necessarily excluded under the Swaffield/Pavic discretion, even where the informants engaged in subterfuge and misled the accused as to their purpose, provided the admissions were not elicited by interrogation and the accused's freedom to choose whether to speak was not impugned to a sufficient extent. A conviction for murder as an aider and abettor or party acting in concert is not necessarily inconsistent with the principal's later accepted plea of guilty to manslaughter at a separate trial, particularly where the evidence admissible against each accused differed.
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