Prevention of Crimes Act 1871

Legal Proceedings U.K.

[F1 17 As to legal proceedings to be taken before courts of summary jurisdiction. U.K.

Any offence against this Act may be prosecuted before a court of summary jurisdiction:

• . . . F2

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• . . . F2

• “Court of summary jurisdiction” shall in this Act mean and include any justice or justices of the peace, [F4 sheriff principal or sheriff], metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Acts in this section mentioned, or any Acts therein referred to, or to proceedings before whom the provisions of such Acts are or may be made applicable.

• Provided as follows:—

1. The “Court of Summary Jurisdiction,” when hearing and determining an information, complaint, or other proceeding in respect of an offence against this Act, shall be constituted in some one of the following manners; that is to say . . . F2 in Scotland, of two or more justices of the peace sitting as judges in a justice of the peace court, or of one of the magistrates hereinafter mentioned, sitting alone or with others at some court or other place appointed for the administration of justice; that is to say, the [F4 sheriff principal or sheriff of the sheriffdom], or the provost or other magistrate of a royal burgh, or some other officer or officers for the time being empowered by law to do alone or with others any act authorized to be done by more than one justice of the peace; and all necessary powers and authorities are hereby conferred upon such court in Scotland . . . F2

2. The description of any offence against this Act in the words of this Act shall be sufficient in law.

3. Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and if so specified or negatived no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor or complainant.

4. Where any offence against this Act involves the forfeiture of a license granted under the Penal Servitude Acts, the court by whom the offender is convicted may commit him to any prison within its jurisdiction, there to remain until he can conveniently be removed to some prison in which convicts under sentence of penal servitude may lawfully be confined, in order that he may there undergo the term of penal servitude to which he is liable under the said Penal Servitude Acts or some of them; . . . F5

5. Any person accused of an offence against this Act may be remanded from time to time by the court before whom he is brought for the purpose of enabling evidence to be obtained against him, or for any other just cause.

6. No warrant or conviction in respect of any offence against this Act shall be quashed for want of form, and the court before whom any question relating to the validity of any such warrant or conviction is brought may amend such warrant or conviction if it is of opinion that there was sufficient evidence before the court by whom the warrant was issued or conviction made to justify the issue of such warrant or making of such conviction.

7. All penalties imposed under this Act in Scotland may, unless it is otherwise provided, in default of payment, be enforced by imprisonment for a term to be specified in the judgment or sentence of the court, but not exceeding three calendar months; and all penalties imposed and recovered under this Act in Scotland shall be paid to the clerk of the court, and by him accounted for and paid to [F6 the Secretary of State] in behalf of Her Majesty.

All penalties imposed under this Act in Ireland shall be applied according to the M1 Fines (Ireland) Act 1851 or any Act amending the same.]

Textual Amendments

F1 S. 17 repealed (E.W.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F2 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

F3 Words repealed (S.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. 1

F4 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1

F5 Words omitted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)

F6 Words substituted by S.I. 1974/1274, art. 3(4)

Modifications etc. (not altering text)

C1 Functions of burgh magistrates now exercisable by justice of the peace: District Courts (Scotland) Act 1975 (c. 20), s. 1(2)

C2 Provisos 2 and 3 repealed (E.W.) by Summary Jurisdiction Act 1884 (c. 43), Sch.

C3 Proviso 4 repealed (E.W.) by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

C4 Reference to penal servitude to be construed as reference to imprisonment: Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1)

C5 Proviso 6 repealed (S.) by Statute Law Revision (No. 2) Act 1893 (c. 54)

Marginal Citations

M1 1851 c. 90.

[F7 18 Evidence of previous conviction. U.K.

A previous conviction may be proved in any legal proceeding whatever against any person by producing a record or extract of such conviction, and by giving proof of the identity of the person against whom the conviction is sought to be proved with the person appearing in the record or extract of conviction to have been convicted.

A record or extract of a conviction shall in the case of an indictable offence consist of a certificate containing the substance and effect only (omitting the formal part of the indictment and conviction), and purporting to be signed by the clerk of the court or other officer having the custody of the records of the court by which such conviction was made, or purporting to be signed by the deputy of such clerk or officer; and in the case of a summary conviction shall consist of a copy of such conviction purporting to be signed by any justice of the peace having jurisdiction over the offence in respect of which such conviction was made, or to be signed by the proper officer of the court by which such conviction was made, or by the clerk or other officer of any court to which such conviction has been returned.

A record or extract of any conviction made in pursuance of this section shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same.

[F8 A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom;][F9 and a conviction before the passing of this Act shall be admissible in the same manner as if it had taken place after the passing thereof].

A fee not exceeding [F10 25p] may be charged for a record of a conviction given in pursuance of this section.

The mode of proving a previous conviction authorized by this section shall be in addition to and not in exclusion of any other authorized mode of proving such conviction.]

Textual Amendments

F7 S. 18 repealed (S.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F8 S. 18: Except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.” repealed (E.W.) (with effect only in relation to Criminal Proceedings) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. IV

F9 Words repealed (E.W.N.I.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F10 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Modifications etc. (not altering text)

C6 Expression "United Kingdom", where first occurring, to be construed as including the Republic of Ireland: S. R. & O 1923/405 (Rev. X, p. 289: 1923, p. 400), art. 2. Sch.

19 Evidence in cases of receiving stolen property. U.K.

Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen which forms the subject of the proceedings taken against him.

Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, and evidence has been given that the stolen property has been found in his possession, then if such person has within five years immediately preceding been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen; provided that not less than seven days notice in writing shall have been given to the person accused that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the person so accused.

Modifications etc. (not altering text)

C7 S. 19 repealed (E.W.) by Larceny Act 1916 (c. 50), Sch.