Police and Criminal Evidence Act 1984, section 74

Conviction as evidence of commission of offence

Part VIII Evidence in Criminal Proceedings—General

(1)F748In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, [F749that that person committed that offence, where evidence of his having done so is admissibleF749] , whether or not any other evidence of his having committed that offence is given.

(2)F750In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.

(3)F751In any proceedings where evidence is admissible of the fact that the accused has committed an offence, . . . , if the accused is proved to have been convicted of the offence—

(a)F752by or before any court in the United Kingdom ...; or

(b)by a Service court outside the United Kingdom,

he shall be taken to have committed that offence unless the contrary is proved.

(4)Nothing in this section shall prejudice—

(a)the admissibility in evidence of any conviction which would be admissible apart from this section; or

(b)the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.

Definitions used in section 74 2

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

Cases considering section 74 56

Regina v.Hayter (Appellant) (On Appeal from the Court of Appeal (Criminal Division))

[2005] UKHL 6 · 3 February 2005Interprets

The majority treated the legislative policy permitting a prior conviction to prove commission of an offence as supporting the analogous use of a jury’s finding of guilt in a joint trial. The section did not apply directly because the co-defendant had not yet been convicted. The provision makes another person’s conviction admissible, where relevant, to prove that the person committed the offence. The majority relied on its policy by analogy, while acknowledging that it did not directly govern simultaneous joint proceedings.

Philip Norman v R

[2025] EWCA Crim 966 · 29 July 2025Interprets

Section 74(3) was interpreted as creating a rebuttable evidential presumption from a proved previous conviction, while preserving the defendant’s right to challenge the conviction and underlying facts. The issue is for the jury where evidence is adduced; no particular form of evidence, including the defendant’s own evidence, is required (see paras [23]-[29]; [37]; [46]-[50]).

R v ANL

[2025] EWCA Crim 969 · 23 July 2025Interprets

The judgment records that Bayode treated conviction for section 74 purposes as a finding of guilt rather than the final determination including sentence, and applied that meaning to alternative verdicts. This exposed a difficulty in Bayode’s reasoning. (see para [30])

36 more judgments, and what each says about section 74, are in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F748Words in s. 74(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(3)(a) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  2. F749Words in s. 74(1) substituted (15.12.2004) by Criminal Justice Act 2003 (c. 44), 331, 336, {Sch. 36 para. 85(2)}; S.I. 2004/3033, art. 3(1)(2)(d)
  3. F750Words in s. 74(2) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(3)(b) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  4. F751Words in s. 74(3) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 para. 85(3), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(1)(2)(d)(e)(i)
  5. F752Words in s. 74(3)(a) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(3)(c) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

  1. C559S. 74 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(b)