Admissions

Question 1

What Part of the Evidence Act is admissions contained in?

Answer 1

Pt 3.4

Question 2

What is an admission?

Answer 2

previous representation +
made by a person who is or becomes a party to proceeding +
adverse to person’s interest in the outcome of the proceeding

Question 3

When is an admission not admissible?

Answer 3

In criminal proceedings where admission is set out in a document and in criminal proceedings for indictable offences where admission made to an investigating official (s 464H(1) Crimes Act)

Question 4

When does a written record of an admission in a criminal proceeding become admissible?

Answer 4

• only if the accused has acknowledged that the document is a true record of the question, representation or response
• acknowledgment must be made by signing, initialling or otherwise marking the document (s 86(3))