- Latest available (Revised)
- Point in Time (01/04/2005)
- Original (As enacted)
Criminal Procedure Act 1865
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 6
Version Superseded: 03/04/2006
Alternative versions:
Status:
Point in time view as at 01/04/2005. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
Changes to legislation:
There are currently no known outstanding effects for the Criminal Procedure Act 1865, Section 6.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
6 Proof of previous conviction of witness may be given.E+W
[F1(1)][F2If, upon a witness being lawfully] questioned as to whether he has been convicted of any felony or misdemeanor, [F3and upon being so questioned, if] he either denies or does not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction; [F4and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by [F5the proper officer of the court where the offender was convicted] (for which certificate a fee of [F625 p] and no more shall be demanded or taken,) shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.]
[F7(2)In subsection (1) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [F8designated officer] for the court; and
(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.]
Textual Amendments
F1S. 6 renumbered as s. 6(1) (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F2Words in s. 6 substituted (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 336(3), Sch. 36 para. 79(a); S.I. 2004/3033, art. 3(2)(b)(d)
F3Words in s. 6(1) repealed (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336(3), Sch. 36 para. 79(b), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(2)(b)(d)(e)(i)
F4Words from “and a certificate” onwards repealed in relation to criminal proceedings by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. IV
F5Words substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(a)(ii)
F6Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F7S. 6(2) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F8Words in s. 6(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 47; S.I. 2005/910, art. 3(y)
6 Proof of previous conviction of witness may be given.E+W+N.I.
[F1(1)]A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon being so questioned, if he either denies or does not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction; [F4and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by [F5the proper officer of the court where the offender was convicted] (for which certificate a fee of [F625 p] and no more shall be demanded or taken,) shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.]
[F7(2)In subsection (1) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and
(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.]
Textual Amendments
F1S. 6 renumbered as s. 6(1) (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Words from “and a certificate” onwards repealed in relation to criminal proceedings by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. IV
F5Words substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(a)(ii)
F6Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F7S. 6(2) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
6 Proof of previous conviction of witness may be given.N.I.
[F1(1)]A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon being so questioned, if he either denies or does not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction; [F4and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by [F5the proper officer of the court where the offender was convicted] (for which certificate a fee of [F625 p] and no more shall be demanded or taken,) shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.]
[F7(2)In subsection (1) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [F8designated officer] for the court; and
(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.]
Textual Amendments
F1S. 6 renumbered as s. 6(1) (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Words from “and a certificate” onwards repealed in relation to criminal proceedings by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. IV
F5Words substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(a)(ii)
F6Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F7S. 6(2) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 3 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F8Words in s. 6(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 47; S.I. 2005/910, art. 3(y)
Options/Help
Print Options
PrintThe Whole Act
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.