Sentencing Act 2020

317 Certificates of conviction for purposes of sections 313 and 314 E+W

(1) [F1 Subsection (2)] applies where an offender is convicted—

(a) in England and Wales of—

(i) a class A drug trafficking offence, or

(ii) a domestic burglary,

(b) in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(c) F2 ... or

(d) in any part of the United Kingdom other than England and WalesF3 ... of a corresponding domestic burglary offence.

(2) A certificate, given in accordance with subsection (3), of either or both of the following—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period,

is evidence for the purposes of section 313 or 314 of the facts so certified.

[F4 (2A) Subsection (2B) applies where an offender has been convicted—

(a) in any member State of a corresponding drug trafficking offence, or

(b) in any member State of a corresponding domestic burglary offence.

(2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period.]

(3) A certificate is given in accordance with this subsection if it is—

(a) given—

(i) by the court by or before which the offender was convicted of the offence, and

(ii) in the case of a court in the United Kingdom, after the court has stated in open court the facts certified by it, and

(b) in the case of a certificate given by a court outside the United Kingdom, signed by the proper officer of the court.

(4) In this section—

• “proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;

• “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 313 and 314 respectively;

• “corresponding drug trafficking offence” means an offence within section 313(3)(b) [F5 or (3A)(a)];

• “corresponding domestic burglary offence” means an offence within section 314(3)(b) [F6 or (3A)(a)].

Textual Amendments

F1 Words in s. 317(1) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F2 S. 317(1)(c) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F3 Words in s. 317(1)(d) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2)(c) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a))

F4 S. 317(2A)(2B) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(2A) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(b))

F5 Words in s. 317(4) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(4)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d))

F6 Words in s. 317(4) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 93(4)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d))

Commencement Information

I1 S. 317 in force at 1.12.2020 by S.I. 2020/1236, reg. 2