Powers of Criminal Courts (Sentencing) Act 2000

113 Certificates of convictions for purposes of Chapter III. E+W

(1) Where—

(a) on any date after 30th September 1997 a person is convicted in England and Wales of F1 ... a class A drug trafficking offence, or on any date after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and

(b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date, and

(c) that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that he was convicted of such an offence on that date.

[F2 (1A) Where—

(a) a person is convicted—

(i) in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(ii) in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

(iii) in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

(b) in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the person has been convicted of such an offence on that date, and

(c) the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, the fact that the person has been convicted of such an offence on that date,

the certificate is evidence, for the purposes of the relevant section of this Chapter, that the person was convicted of such an offence on that date.]

(2) Where—

(a) after 30th September 1997 a person is convicted in England and Wales of a class A drug trafficking offence or after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and

(b) the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and

(c) that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.

[F3 (2A) Where—

(a) a person is convicted—

(i) in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(ii) in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

(iii) in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

(b) in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and

(c) the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, that the offence was committed on a particular day or over, or at some time during, a particular period,

the certificate is evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.]

(3) In this section—

• [F4 “proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;]

• F5 ... “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections F5 ... 110 and 111 respectively; F6 ...

• [F7 “corresponding drug trafficking offence” means an offence within section 110(2A)(a)(ii);]

• “the relevant section of this Chapter”, in relation to any such offence, shall be construed accordingly.

Textual Amendments

F1 Words in s. 113(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F2 S. 113(1A) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(4)(a) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)

F3 S. 113(2A) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(4)(b) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)

F4 Words in s. 113(3) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(4)(c)(i) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)

F5 Words in s. 113(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F6 Word in s. 113(3) repealed (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(4)(c)(ii), Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(f)(iv)

F7 Words in s. 113(3) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(4)(c)(ii) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)