Police and Criminal Evidence Act 1984, section 75

Provisions supplementary to section 74

Part VIII Evidence in Criminal Proceedings—General

(1)Where evidence that a person has been convicted of an offence is admissible by virtue of section 74 above, then without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based—

(a)the contents of any document which is admissible as evidence of the conviction; and

[F753 (b)the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,F753]

shall be admissible in evidence for that purpose.

(2)Where in any proceedings the contents of any document are admissible in evidence by virtue of subsection (1) above, a copy of that document, or of the material part of it, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.

(3)Nothing in any of the following—

(a)F756[F754 Section 14 of the Powers of Criminal Courts (Sentencing ) Act 2000F754][F755 or section 82 of the Sentencing CodeF755] (under which a conviction leading to ... discharge is to be disregarded except as mentioned in that section);

[F757 (aa)section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);F757]

(b)[F758 section 247 of the Criminal Procedure (Scotland) Act 1995F758] (which makes similar provision in respect of convictions on indictment in Scotland); and

(c)section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds to section 13 of the Powers of Criminal Courts Act 1973) or any legislation which is in force in Northern Ireland for the time being and corresponds to that section,

shall affect the operation of section 74 above; and for the purposes of that section any order made by a court of summary jurisdiction in Scotland under section 182 or section 183 of the said Act of 1975 shall be treated as a conviction.

(4)Nothing in section 74 above shall be construed as rendering admissible in any proceedings evidence of any conviction other than a subsisting one.

Definitions used in section 75 2

document

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

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

“proceedings” means criminal proceedings, including service proceedings;

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

Cases considering section 75 5

Downer, R. v

[2009] EWCA Crim 1361 · 6 July 2009

The court held that, if the pleas were admitted, the jury needed the indictment particulars identifying the offence to which each co-defendant had pleaded guilty. The unaccepted bases of plea did not replace that information. (see paras [21]; [34]) The court applied section 75(1) to hold that the indictment particulars were admissible to identify the facts on which the co-defendants’ convictions rested. Those particulars showed that they had pleaded guilty to a different form of aggravated burglary. (see paras [16]; [21]; [34])

Hussain R. v

[2005] EWCA Crim 87 · 7 June 2005Interprets

The court held that evidence other than the documents specified in the subsection may, in principle, identify the facts on which an earlier conviction was based. A prior jury direction could therefore be such evidence. (see paras [39]-[40])

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

[2005] UKHL 6 · 3 February 2005

The provision was identified with section 74 as having abolished, for criminal proceedings, the former rule against using a conviction to prove commission of the underlying offence.

What each judgment says about section 75 is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F753S. 75(1)(b) substituted (31.12.2020) by The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 29(4) (with reg. 31) (as amended by S.I. 2020/1520, regs. 1(1), 7); 2020 c. 1, Sch. 5 para. 1(1)
  2. F756Words in s. 75(3)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 80(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  3. F754Words in s. 75(3)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 98
  4. F755Words in s. 75(3)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 80(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  5. F757S. 75(3)(aa) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 103; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  6. F758Words in s. 75(3)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 55(a)

Modifications

  1. C560S. 75(3)(a) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Extent

  1. E4S. 75 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)