Modifications etc. (not altering text)
C1Pt. VIII modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(a)
Pt. VIII modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. III para. 18(a)
Pt. VIII modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. III para. 18(a)
(1)Where in any proceedings the fact that a person has in the United Kingdom F1... been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.
(2)For the purposes of this section a certificate of conviction or of acquittal—
(a)shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the [F2proper officer] of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and
(b)shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the [F2proper officer] of the court where the conviction or acquittal took place or by the [F2proper officer] of the court, if any, to which a memorandum of the conviction or acquittal was sent; F3...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.
[F4(3)In subsection (2) above “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [F5designated officer] for the court; and
(b)in relation to any other court F6..., the clerk of the court, his deputy or any other person having custody of the court record, F7...
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4)The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.
Extent Information
E1S. 73 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)
Textual Amendments
F1Words in s. 73(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(2)(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. 73(2)(a)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 128(1)(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2
F3S. 73(2)(c) and word omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(b) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 73(3) substituted (1.4.2001) by 1999 c. 22, ss. 90, Sch. 13 para. 128(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2
F5Words in s. 73(3)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 285; S.I. 2005/910, art. 3(y)
F6Words in s. 73(3)(b) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(c)(i) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 73(3)(c) and word omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(c)(ii) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)