Criminal Justice Act 2003

108 Offences committed by defendant when a child E+W

(1) Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) shall cease to have effect.

(2) In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is not admissible unless—

(a) both of the offences are triable only on indictment, and

(b) the court is satisfied that the interests of justice require the evidence to be admissible.

[F1 (2A) Subsection (2B) applies where—

(a) the defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b) the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged.

(2B) For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.]

(3) Subsection (2) applies in addition to section 101.

Textual Amendments

F1 S. 108(2A)(2B) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 1(2) (with s. 180, Sch. 22); S.I. 2010/1858, art. 3(a)(d)(i)