Formal admissions

When an admission of fact is appropriate

1. You may wish to agree certain facts with the defence, so that these facts will not need to be proved at court. ¹ This procedure is known as making admissions of fact, or formal admissions (as distinct from the confession, or informal admission, of a defendant).

2. Making a formal admission is particularly appropriate if it narrows down the issues in contention at trial. It is suitable for evidence that is unlikely to be disputed by the defence. The following facts may be suitable for formal admission:

the fact that an accident happened:
the fact that an injured person was employed by the defendant:
the fact that the defendant was the occupier of premises.

Procedure

3. You should write to the defence, ² setting out the fact(s) that the prosecution wishes to formally agree as an admission under section 10 CJA 1967. To be admitted under s 10, the admission must be:

made before or at the time of the proceedings;
in writing, unless it is made in court.

4. If made in writing:

by an individual it must be signed by the person making the admission;
by a company it must be signed by a director, secretary or some other similar officer of the body corporate.

5. If made, whether orally or in writing, on behalf of a defendant who is an individual, it must be made by the defendant's counsel or solicitor.

6. You may also admit facts at the request of the defence, where you are sure that these are not in contention. Any admission should be in writing and signed by you.

Footnotes

CJA 1967, s.10. Back to reference of footnote 1
See a sample is in Letters and Forms. Back to reference of footnote 2