ABSTRACT

The only exception to this rule is where the defence make a formal admission so that something which would otherwise be in issue is no longer an issue.

Under s 10 of the Criminal Justice Act 1967, the prosecution or the defence (in practice, usually the defence) may admit any fact which would otherwise be in issue; this admission is conclusive evidence of the fact admitted. If, for example, the defendant is charged with causing death by dangerous driving, he might admit that he was driving the car at the time of the accident.