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The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

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CHAPTER 3Amendments: legislation that extends to England and Wales and Northern Ireland

Amendment of the Police and Criminal Evidence Act 1984

29.—(1) The Police and Criminal Evidence Act 1984(1) is amended as follows.

(2) In section 73(2) (proof of convictions and acquittals)—

(a)in subsection (1), omit “or any other member State”;

(b)omit subsection (2)(c) and the “and” preceding it;

(c)in subsection (3)—

(i)in paragraph (b), omit “in the United Kingdom”;

(ii)omit paragraph (c) and the “and” preceding it.

(3) In section 74 (conviction as evidence of commission of offence)(3)—

(a)in subsection (1), omit “or any other member State”;

(b)in subsection (2), omit “or any other member State”;

(c)in subsection (3)(a), omit “or any other member State”.

(4) In section 75(1) (provisions supplementary to section 74)(4), for paragraph (b) substitute—

“(b)the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,”.

Amendment of the Criminal Justice Act 1988

30.—(1) Section 139AZA of the Criminal Justice Act 1988 (offences under sections 139 and 139A: previous relevant convictions)(5) is amended as follows.

(2) In subsection (1)—

(a)in paragraph (b), for “Scotland, Northern Ireland or a member State other than the United Kingdom” substitute “Scotland or Northern Ireland”;

(b)at the end of paragraph (c), insert “and”;

(c)omit paragraph (e) and the “and” preceding it.

(3) In subsection (2)—

(a)for the definition of “civilian offence” substitute—

““civilian offence” means an offence other than an offence under an enactment mentioned in subsection (1)(c) or (d);”;

(b)in paragraph (b) of the definition of “conviction”, omit “and a member State service offence”;

(c)omit the definition of “member State service offence”.

(2)

Section 73(1) was amended by paragraph 13(2) of Schedule 17 to the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”); section 73(2) was amended by paragraph 128(2) of Schedule 13 to the Access to Justice Act 1999 (c. 22) and paragraph 13(3) of Schedule 17 to the 2009 Act; section 73(3) was amended by paragraph 285 of Schedule 8 to the Courts Act 2003 (c. 39) and paragraph 13(4) of Schedule 17 to the 2009 Act.

(3)

Section 74(1) was amended by paragraph 85(2) of Schedule 36 to the Criminal Justice Act 2003 (c. 44) and paragraph 14(2) of Schedule 17 to the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”); section 74(2) and 74(3)(a) was amended by paragraph 14 of Schedule 17 to the 2009 Act.

(4)

Amended by paragraph 15 of Schedule 17 to the Coroners and Justice Act 2009 (c.25).

(5)

1988 c. 33. Section 139AZA was inserted by section 28(7) of the Criminal Justice and Courts Act 2015 (c. 2).

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