Criminal Procedure (Scotland) Act 1995

285 Previous convictions: proof, general. S

(1) A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this subsection and subsections (2) to (6) below and by showing that his fingerprints and those of the person convicted are the fingerprints of the same person.

(2) A certificate purporting to be signed by [F1 the Secretary of State or by a person authorised by him to sign such a certificate]or the Commissioner of Police of the Metropolis, containing particulars relating to a conviction extracted from the criminal records kept [F1 in pursuance of a service provided and maintained by the Secretary of State under or by virtue of section 36 of the M1 Police (Scotland) Act 1967 or by or on behalf of the Commissioner of Police of the Metropolis], and certifying that the copies of the fingerprints contained in the certificate are copies of the fingerprints appearing from the said records to have been taken in pursuance of rules for the time being in force under sections 12 and 39 of the M2 Prisons (Scotland) Act 1989, or regulations for the time being in force under section 16 of the M3 Prison Act 1952, from the person convicted on the occasion of the conviction or on the occasion of his last conviction, shall be sufficient evidence of the conviction or, as the case may be, of his last conviction and of all preceding convictions and that the copies of the fingerprints produced on the certificate are copies of the fingerprints of the person convicted.

(3) Where a person has been apprehended and detained in the custody of the police in connection with any criminal proceedings, a certificate purporting to be signed by the chief constable concerned or a person authorised on his behalf, certifying that the fingerprints produced thereon were taken from him while he was so detained, shall be sufficient evidence in those proceedings that the fingerprints produced on the certificate are the fingerprints of that person.

(4) A certificate purporting to be signed by or on behalf of the governor of a prison or of a remand centre in which any person has been detained in connection with any criminal proceedings, certifying that the fingerprints produced thereon were taken from him while he was so detained, shall be sufficient evidence in those proceedings that the fingerprints produced on the certificate are the fingerprints of that person.

(5) A certificate purporting to be signed by [F2 the Secretary of State or by a person authorised by him to sign such a certificate], and certifying that the fingerprints, copies of which are certified as mentioned in subsection (2) above by [F2 the Secretary of State or by a person authorised by him to sign such a certificate or by or on behalf of] or the Commissioner of Police of the Metropolis to be copies of the fingerprints of a person previously convicted and the fingerprints certified by or on behalf of a chief constable or a governor as mentioned in subsection (3) or (4) above, or otherwise shown, to be the fingerprints of the person against whom the previous conviction is sought to be proved, are the fingerprints of the same person, shall be sufficient evidence of the matter so certified.

(6) An extract conviction of any crime committed in any part of the United Kingdom bearing to have been issued by an officer whose duties include the issue of extract convictions shall be received in evidence without being sworn to by witnesses.

(7) It shall be competent to prove a previous conviction or any fact relevant to the admissibility of the conviction by witnesses, although the name of any such witness is not included in the list served on the accused; and the accused shall be entitled to examine witnesses with regard to such conviction or fact.

(8) An official of any prison in which the accused has been detained on such conviction shall be a competent and sufficient witness to prove its application to the accused, although he may not have been present in court at the trial to which such conviction relates.

(9) The method of proving a previous conviction authorised by this section shall be in addition to any other method of proving the conviction.

[F3 (10) In this section “fingerprint” includes any record of the skin of a person’s finger created by a device approved by the Secretary of State under section 18(7B) of this Act.]

Textual Amendments

F1 Words in s. 285(2) substituted (1.8.1997) by 1997 c. 48, s. 59(2)(a)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2 Words in s. 285(5) substituted (1.8.1997) by 1997 c. 48, s. 59(3)(a)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F3 S. 285(10) inserted (1.8.1997) by 1997 c. 48, s. 47(5); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

Marginal Citations

M1 1967 c.77.

M2 1989 c.45.

M3 1952 c.52.