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CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968 - SECT 2

Proof by formal admission.

2.(1) Subject to the provisions of this section, any fact of which oral
evidence may be given in any criminal proceedings may be admitted for the
purpose of those proceedings by or on behalf of the prosecutor or defendant,
and the admission by any party of any such fact under this section shall, as
against that party, be conclusive evidence in those proceedings of the fact
admitted.

(2) An admission under this section may be made before or at the proceedings
and, if made otherwise than in court, shall be in writing signed by the person
making it, if that person is an individual, or by a director or manager or the
secretary or clerk, or some other similar officer, if the admission is made by
a body corporate.

(3) An admission under this section for the purpose of proceedings relating to
any matter shall be treated as an admission for the purpose of any subsequent
criminal proceedings relating to that matter (including any appeal or
retrial).

(4) Notwithstanding that any fact may have been admitted for the purposes of
any criminal proceedings, oral evidence of that fact may be given by either
party to the proceedings.

(5) An admission under this section may be withdrawn not later than one clear
day before the trial in the proceedings for the purpose of which it was made,
and no such admission may be withdrawn at any later time unless the court
shall otherwise allow by reason of circumstances which could not reasonably
have been foreseen; and, if such an admission is withdrawn, the prosecutor
may, with the leave of the court, comment on the withdrawal.

© 1968 Crown Copyright

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