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Criminal Justice Act 1988, Section 139AZA is up to date with all changes known to be in force on or before 12 October 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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(1) For the purposes of sections 139 and 139A, “ relevant conviction ” means—
(a)a conviction for an offence under—
(i)section 1 or 1A of the Prevention of Crime Act 1953, or
(ii)section 139, 139A or 139AA of this Act,
(a “relevant offence”), whenever committed,
(b)a conviction in Scotland, Northern Ireland or a member State other than the United Kingdom for a civilian offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of that conviction,
(c)a conviction for an offence under section 42 of the Armed Forces Act 2006, whenever committed, in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence,
(d)a conviction for an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, whenever committed, in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence, and
(e)a conviction for a member State service offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of conviction.
(2)In this section—
“ civilian offence ” means an offence other than—
an offence under an enactment mentioned in subsection (1)(c) or (d), or
a member State service offence;
“ conviction ” includes—
in relation to an offence under section 42 of the Armed Forces Act 2006, anything which by virtue of section 376(1) and (2) of that Act is to be treated as a conviction, and
in relation to an offence under section 42 of the Naval Discipline Act 1957 and a member State service offence, a finding of guilt in respect of the person;
“ member State service offence ” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.
(3)For the purposes of subsection (1)(c) and (d), where the offence was committed by aiding, abetting, counselling or procuring, it must be assumed that the act aided, abetted, counselled or procured was done in England and Wales.]
Textual Amendments
F1S. 139AZA inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 28(7), 95(1); S.I. 2015/1463, art. 2(a)
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