The twenty-fourth meeting of the Colloquium of Anglican and Roman Catholic Canon Lawyers took place in London from 24 to 26 September 2025. We met at several different venues: the Temple, as guests of the Honourable Societies of Inner and Middle Temple and Francis Taylor Building; the British Academy, hosted by Professor Norman Doe who is a member; the Jesuit Centre, Farm Street; and the Grosvenor Chapel, in the heart of Mayfair. Fr Stephen Coleman officiated at choral evensong at the Grosvenor Chapel followed by the Colloquium Dinner at the Oriental Club.

As usual, our deliberations were led by pairs of authors who contributed papers setting out the relevant law of their respective Communions, followed by general discussion and the discernment of shared principles of law. The theme of these deliberations was ‘Canon Law and the Rite of Confession’. Given that many civil jurisdictions are in the process of introducing, or already have instituted, a legal requirement of mandatory reporting of child abuse when heard about in the confessional, particular attention was paid to the ‘seal of confession’. This is deemed to be inviolable within the Catholic Church, with severe penalties for priests who break the seal, while several parts of the Anglican Communion take a different approach. The Roman Catholic Church celebrates the Sacrament of Penance, also called the Sacrament of Reconciliation or Confession, whose liturgical book in the Latin Church is the Rite of Penance. The Churches of the Anglican Communion offer the ministry of absolution, which in some Churches is styled the Sacrament of Reconciliation or Confession, also known as Penance.

Paired papers looked at a number of themes: the Nature and Rite of Confession, the Penitent, the Minister of Confession, Confidentiality in Canon Law, and also Confidentiality in Civil Law, from which were formulated general principles common to both traditions. These related to individual, rather than general, confession. Both Communions have provisions on this matter in a variety of instruments including canons, teaching documents, liturgical texts and guidance. The agreed statement of common principles is reproduced below.

In terms of the nature and rite of Confession, a number of general principles could be identified. First, relating to place, it was agreed that Confessions are normally heard in a church or other suitable place. In terms of when Confession is administered, it was agreed that provision must be made for a penitent to make their Confession. This may take place at advertised times and/or by appointment. Provision is made for the sick and the housebound, and particularly for those in danger of death. The common features of the rites include the confession of sins, followed by the giving of a penance, and then absolution which is pronounced in the form provided by law.

Confession is received by those who are baptised, and they are encouraged to engage frequently in self-examination so that they can identify where they have, by offences of omission or commission, offended against the commandments of God. In particular, they should engage in self-examination before receiving Holy Communion. To receive absolution, the penitent must first exhibit true contrition and repentance, and the desire and intention of turning away from sin and towards God. There is no obligation on the penitent to disclose his or her identity to the confessor.

The minister of Confession is always a priest, who may be a bishop or presbyter, and who must have been granted the lawful authority to do so. The minister, acting as judge and healer, may offer appropriate spiritual advice to the penitent, and must grant absolution to a penitent who is properly disposed, except for cases provided for by the law of the Church.

In terms of the provision of confidentiality in Canon Law, Confession attracts the highest level of confidentiality recognised in the law of each church. This level is known as ‘the seal’ and applies only to matters disclosed during the confession. It is important then to mark the beginning and end of Confession. Confession itself differs from other pastoral conversations, spiritual direction and counselling, to which a lower level of confidentiality applies. In Confession, there is no obligation of confidentiality on the penitent as there is on the minister, who may be disciplined for a breach of the seal. It is important to note that Confessional confidentiality binds even if absolution is not given.

There is a wide range of practice in terms of how different countries classify as privileged communications. Many jurisdictions recognise attorney–client privilege. Some also protect communications with a priest or a counsellor. However, there is no consistency or uniformity of practice. Furthermore, civil jurisdictions rarely make a clear distinction between the Sacrament of Confession and other communications with clergy, for example those which occur in spiritual direction.

Public debate in recent years has focused on the mandatory reporting of the sexual abuse of minors and the extent to which the seal of confession as a matter of canon law (and civil law in the case of the Church of England) provides an exception to such a duty. There are several instances of Anglican Churches amending their canon law provisions so as to remove the mandatory reporting of child sex abuse from the reach of the seal of the confessional. No such adjustments can be made by the Catholic Church, given that the sacramental seal is considered to be of divine institution.