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The Police and Criminal Evidence (Northern Ireland) Order 1989
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Changes over time for: Section 72
Version Superseded: 31/12/2020
Alternative versions:
- 01/01/2006- Amendment
- 03/04/2006- Amendment
- 18/04/2011- Amendment
- 31/01/2017
Point in time - 31/12/2020- Amendment
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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 72 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Conviction as evidence of commission of offenceN.I.
72.—(1) In any criminal 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 [F1or any other member State] or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving[F2 that 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 criminal proceedings in which by virtue of this Article a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom [F3or any other member State] 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 criminal 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 [F5or any other member State]; 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 Article shall prejudice—
(a)the admissibility in evidence of any conviction which would be admissible apart from this Article; or
(b)the operation of any statutory provision whereby a conviction or a finding of fact in any criminal proceedings is for the purposes of any other criminal proceedings made conclusive evidence of any fact.
F1Words in art. 72(1) inserted (18.4.2011) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182(5), Sch. 17 para. 17(2) (with savings in s. 180 and transitional, transitory and saving provision in Sch. 22 para. 40); S.R. 2011/182, art. 2(d)(ii)
F2Words in art. 72(1) substituted (3.4.2006) by Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1(3), 46(1), Sch. 1 para. 3(2); S.R. 2006/63, art. 2
F3Words in art. 72(2) inserted (18.4.2011) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182(5), Sch. 17 para. 17(3) (with savings in s. 180 and transitional, transitory and saving provision in Sch. 22 para. 40); S.R. 2011/182, art. 2(d)(ii)
F4Words in art. 72(3) repealed (3.4.2006) by Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1(3), 46, Sch. 1 para. 3(3), Sch. 2; S.R. 2006/63, art. 2
F5Words in art. 72(3)(a) inserted (18.4.2011) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182(5), Sch. 17 para. 17(4) (with savings in s. 180 and transitional, transitory and saving provision in Sch. 22 para. 40); S.R. 2011/182, art. 2(d)(ii)
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