THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 7Minimum sentences for particular offences
Minimum sentence for repeat offences
I1317Certificates of conviction for purposes of sections 313 and 314
1
F2Subsection (2) applies where an offender is convicted—
a
in England and Wales of—
i
a class A drug trafficking offence, or
ii
a domestic burglary,
b
in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,
c
F1... or
d
in any part of the United Kingdom other than England and WalesF3... of a corresponding domestic burglary offence.
2
A certificate, given in accordance with subsection (3), of either or both of the following—
a
that the offender was convicted of that offence on the date of the conviction;
b
that the offence was committed on a particular day, or over, or at some time during, a particular period,
is evidence for the purposes of section 313 or 314 of the facts so certified.
F42A
Subsection (2B) applies where an offender has been convicted—
a
in any member State of a corresponding drug trafficking offence, or
b
in any member State of a corresponding domestic burglary offence.
2B
For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—
a
that the offender was convicted of that offence on the date of the conviction;
b
that the offence was committed on a particular day, or over, or at some time during, a particular period.
3
A certificate is given in accordance with this subsection if it is—
a
given—
i
by the court by or before which the offender was convicted of the offence, and
ii
in the case of a court in the United Kingdom, after the court has stated in open court the facts certified by it, and
b
in the case of a certificate given by a court outside the United Kingdom, signed by the proper officer of the court.
4
In this section—
“proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;
“class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 313 and 314 respectively;
“corresponding drug trafficking offence” means an offence within section 313(3)(b) F5or (3A)(a);
“corresponding domestic burglary offence” means an offence within section 314(3)(b) F6or (3A)(a).