Commentary on Sections The structure of the Act Section 1 – Effect of apology in legal proceedings
5.Section 1 sets out the effect of an apology made outside the legal proceedings to which the Act applies (namely, the proceedings referred to in section 2). An apology, as defined in section 3 of the Act, is not admissible as evidence of anything relevant to the determination of liability and cannot be used in any other way to the prejudice of the person by or on behalf of whom the apology was made. Section 1(b) would not prevent an apology being used as evidence where to do so would have a favourable effect on the person making such an apology.