Evidence in criminal casesE+W
102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
[103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.E+W
[(1)In any proceedings before a magistrates’ court inquiring as examining justices into an offence to which this section applies, a statement made in writing by or taken in writing from a child shall be admissible in evidence of any matter.]
(2)This section applies—
(a)to an offence which involves an assault, or injury or a threat of injury to, a person;
(b)to an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
(c)to an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978; and
(d)to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(5)In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.]]
Textual Amendments
Marginal Citations
104 Proof of previous convictions.E+W
Where a person is convicted of a summary offence by a magistrates’ court, other than a [youth court], and—
(a)it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that not less than 7 days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of a summary offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged; and
(b)the accused is not present in person before the court,
the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.
Textual Amendments
Modifications etc. (not altering text)
105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W