F1.3 – Formal Admissions Flashcards
In which circumstances should written admissions be put before the jury?
Ordinarily, provided at least that:
- they are relevant to an issue before the jury
- they do not contain any material which should not go before the jury (Pittard [2006] EWCA Crim 2028).
In court, can a formal admission be made by counsel or a solicitor ORALLY?
Yes. See:
- s10(2)(b) and (d)
- Lewis [1989] Crim LR 61
What should appear on the shorthand note?
Whatever the manner of making a formal admission under s10 CJA 1967, what has been admitted should appear clearly on the shorthand note (Lennard [1973] 2 All ER 831).
Importance of it being clear to the jury what has been formally admitted.
What happened in Lewis (1971) 55 Cr App R 386, in which counsel for D formally admitted every fact alleged in the prosecution’s opening speech and the prosecution called no evidence, relying solely on admissions?
Leave to appeal against conviction was refused.
Why did the court in Lewis (1971) 55 Cr App R 386 say that the procedure (where counsel for D formally admitted every fact alleged in the prosecution’s opening speech and the prosecution called no evidence, relying solely on admissions) should be adopted only rarely and with caution?
Because jurors, when considering the opening speech, might find it difficult to distinguish between law, mixed fact and law, and comment.
Where a party introduces in evidence a fact admitted by another party, or parties jointly admit a fact, what must be done?
A written record must be made of the admission (CrimPR 24.6 (magistrates’ court) and 25.13 (Crown Court); see Supplement, R24.6 and R25.13)
- unless the court otherwise directs.
When will s10 apply in the case of relevant facts in a written schedule?
s10 will apply in the case of relevant facts in a written schedule:
- which the parties agree to put before the jury
- s10 will also apply to any such facts that were removed from the schedule, pending a judicial ruling on their admissibility, on their reinstatement following a judicial ruling in favour of admissibility (Lunkulu [2015] EWCA Crim 1350).
When is leave to withdraw admissions made with the benefit of advice given under s10(4)?
Formal admissions made with the benefit of advice are an important and cogent part of the evidence in a trial.
If it is sought to resile from them, leave to withdraw them is UNLIKELY to be given WITHOUT COGENT EVIDENCE from the accused and advisers that the admissions were made by reason of MISTAKE or MISUNDERSTANDING (Kolton [2000] Crim LR 761).
