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Police and Criminal Evidence Act 1984
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Changes over time for: Section 74
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Changes and effects yet to be applied to Section 74:
- s. 17(1)(cza) inserted by 2021 c. 17 s. 26(9)
- s. 47A(3A) substituted by 2022 c. 35 Sch. 2 para. 7
- s. 64A(1B)(cb) inserted by 2022 c. 32 Sch. 11 para. 18(a)
- Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 17(1)(cza) inserted by 2021 c. 17 s. 26(9)
- s. 47A(3A) substituted by 2022 c. 35 Sch. 2 para. 7
- s. 64A(1B)(cb) inserted by 2022 c. 32 Sch. 11 para. 18(a)
- Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13
74 Conviction as evidence of commission of offence.U.K.
(1)In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom F1... or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, [F2that that person committed that offence, where evidence of his having done so is admissible], whether or not any other evidence of his having committed that offence is given.
(2)In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom F3... or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.
(3)In any proceedings where evidence is admissible of the fact that the accused has committed an offence, F4. . . , if the accused is proved to have been convicted of the offence—
(a)by or before any court in the United Kingdom F5...; or
(b)by a Service court outside the United Kingdom,
he shall be taken to have committed that offence unless the contrary is proved.
(4)Nothing in this section shall prejudice—
(a)the admissibility in evidence of any conviction which would be admissible apart from this section; or
(b)the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
Textual Amendments
F1Words in s. 74(1) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(3)(a) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 74(1) substituted (15.12.2004) by Criminal Justice Act 2003 (c. 44), 331, 336, {Sch. 36 para. 85(2)}; S.I. 2004/3033, art. 3(1)(2)(d)
F3Words in s. 74(2) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(3)(b) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 74(3) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 para. 85(3), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(1)(2)(d)(e)(i)
F5Words in s. 74(3)(a) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(3)(c) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 74 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(b)
S. 74 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. III para. 18(b)
S. 74 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. III para. 18(b)
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