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Police and Criminal Evidence Act 1984

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  • s. 61(6BA) inserted by 2008 c. 28 s. 10(1) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
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  • s. 114ZA inserted by 2016 anaw 6 s. 185(1)
  • Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13

73 Proof of convictions and acquittals.E+W+S+N.I.

(1)Where in any proceedings the fact that a person has in the United Kingdom [F1or any other member State] been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.

(2)For the purposes of this section a certificate of conviction or of acquittal—

(a)shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the [F2proper officer] of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and

(b)shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the [F2proper officer] of the court where the conviction or acquittal took place or by the [F2proper officer] of the court, if any, to which a memorandum of the conviction or acquittal was sent[F3; and

(c)shall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;]

and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.

[F4(3)In subsection (2) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F5designated officer] for the court; and

(b)in relation to any other court [F6in the United Kingdom], the clerk of the court, his deputy or any other person having custody of the court record [F7, and

(c)in relation to any court in another member State (“the EU court”), a person who would be the proper officer of the EU court if that court were in the United Kingdom.]]

(4)The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.

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Extent Information

E1S. 73 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)

Amendments (Textual)

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