What is a section 10 admission and what it means to the prosecution?

Answer 1

a section 10 admission is used during a trial. It is a fact that has been agreed between the CPS and the Defence. It will be in written format and can then be presented to the Court as an agreed fact.

The guidance from the CPS is as follows:

Section 10 Criminal Justice Act 1967 (Archbold 10-7)Section 10 of the Act provides for proof by formal admission in criminal trials. Unlike a statement admitted under Section 9 of the Act, an admission under Section 10 of the Act, is conclusive evidence. An admission under Section 10 of the Act made before the proceedings must be in writing; if it is made orally during the proceedings it must be written down in accordance with Rule 71 Magistrates Courts Rules 1981. (Stones Justices Manual 1-6014).

Admissions under Section 10 of the Act must relate to facts. Expressions of opinion, speculation and comment, should be avoided.

There is no reason why documents or other exhibits, provided they are clearly identified and that copies are appended, should not be referred to in admissions under Section 10 of the Act. If evidence is inadmissible, an admission under Section 10 of the Act will not make it admissible.

Cases such as cheque and credit cards frauds are often ideally suited for admissions under Section 10 of the Act. You should also consider using them for:

• proof of age, disqualification or that property is stolen;
• continuity of evidence;
• formal evidence of plan drawers and photographers;
• proof that a witness was present at a tape recorded interview;
• proving convictions to establish a defendant is a common prostitute;
• proving convictions for the purpose of Section 27 Theft Act 1968.

Do not use admissions under Section 10 of the Act where the detailed content of a witness statement might be important. You must make sure there is sufficient evidence before the court to enable proper sentencing. This means that full witness statements will normally be needed from victims of offences such as robbery, burglary and violence.