16(1)Article 71 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is amended as follows.E+W
(2)After paragraph (1) insert—
“(1A)Where in any criminal proceedings the fact that a person has in a member State been convicted or acquitted of an offence is admissible in evidence, it may be proved by—
(a)producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and
(b)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.”
(3)In paragraph (2), after sub-paragraph (b) insert “; 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 clerk of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;”.
Commencement Information
I1Sch. 17 para. 16 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)
17(1)Article 72 of that Order (conviction as evidence of commission of offence) is amended as follows.E+W
(2)In paragraph (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
(3)In paragraph (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
(4)In paragraph (3)(a), after “Kingdom” insert “ or any other member State ”.
Commencement Information
I2Sch. 17 para. 17 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)
18E+WIn Article 73 of that Order (provisions supplementary to Article 72), for paragraph (1)(b) substitute—
“(b)the contents of—
(i)the complaint, information, indictment or charge-sheet on which the person in question was convicted, or
(ii)in the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in paragraph (i),”.
Commencement Information
I3Sch. 17 para. 18 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)