Police and Criminal Evidence Act 1984, section 73

Proof of convictions and acquittals

Part VIII Evidence in Criminal Proceedings—General

(1)F741Where in any proceedings the fact that a person has in the United Kingdom ... been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.

(2)For the purposes of this section a certificate of conviction or of acquittal—

(a)shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the [F742proper officerF742] of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and

(b)F743shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the [F742proper officerF742] of the court where the conviction or acquittal took place or by the [F742proper officerF742] of the court, if any, to which a memorandum of the conviction or acquittal was sent; ...

F743(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.

[F744 (3) In subsection (2) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F745 designated officerF745] for the court; and

(b)in relation to any other court F746..., the clerk of the court, his deputy or any other person having custody of the court record, F747...

F747(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F744]

(4)The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.

Definitions used in section 73 3

proceedings

“proceedings” means criminal proceedings, including service proceedings;

Defined in s.82(1) · see it in the full Act
Service court

“Service court” means the Court Martial or the Service Civilian Court .

Defined in s.82(1) · see it in the full Act
document

“document” means anything in which information of any description is recorded. ;

Defined in s.118(1) · see it in the full Act

Cases considering section 73 8

Mehmedov v R

[2014] EWCA Crim 1523 · 18 July 2014Interprets

The provision permitted proof of the Bulgarian convictions by certificate. The court rejected a construction limiting the provision to convictions entered after Bulgaria became an EU member, holding that domestic law already complied with the Framework Decision (see paras [14]-[16]).

Sonny Steve Pattison v Director of Public Prosecutions

[2005] EWHC 2938 (Admin) · 15 December 2005Interprets

Interprets section 73(1) as requiring two evidential stages: production of the certificate of conviction and proof to the criminal standard that the accused is the person named in it. The identity issue may be proved by any admissible means.

Kingsnorth & Anor, R (on the application of) v Director of Public Prosecutions

[2003] EWHC 768 (Admin) · 17 March 2003Interprets

The court interprets section 73(1) as requiring proof of the conviction and proof that the person named in the certificate is the person whose conviction is relied upon. The provision supplies a recognised method of proof but does not remove the requirement for strict proof of identity (see paras [24], [29]–[30]). The court treats a duly signed copy of the conviction or dismissal, certified by the proper officer, as the statutory form of certificate for a summary proceeding. The provision does not authorise reliance on an unproduced computer record (see paras [25], [29]). The court identifies the justices’ chief executive as the proper officer for the relevant magistrates’ court certificate. This forms part of the statutory mechanism for proving a summary conviction (see para [26]). The court confirms that the statutory method of proving a conviction is additional to, and does not exclude, other authorised methods of proof. Admissions and other admissible evidence may therefore establish the relevant fact (see paras [27], [31]–[36]).

What each judgment says about section 73 is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F741Words in s. 73(1) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(a) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  2. F742Words in s. 73(2)(a)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 128(1)(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2
  3. F743S. 73(2)(c) and word omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(b) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  4. F744S. 73(3) substituted (1.4.2001) by 1999 c. 22, ss. 90, Sch. 13 para. 128(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2
  5. F745Words in s. 73(3)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 285; S.I. 2005/910, art. 3(y)
  6. F746Words in s. 73(3)(b) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(c)(i) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  7. F747S. 73(3)(c) and word omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(2)(c)(ii) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)

Extent

  1. E3S. 73 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)