(1)Subsection (2) applies where on any date a person is—
(a)convicted of an offence listed in Schedule 3;
(b)found not guilty of such an offence by reason of insanity; or
(c)found to be under a disability and to have done the act charged against him in respect of such an offence.
(2)If the court by or before which the person is so convicted or found—
(a)states in open court—
(i)that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and
(ii)that the offence in question is an offence listed in Schedule 3, and
(b)certifies those facts, whether at the time or subsequently,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
(3)Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.
(4)If the constable—
(a)informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and
(b)certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
183.Section 92 provides that when a court convicts or makes a relevant finding in respect of a person in relation to a Schedule 3 offence, or when a person is cautioned by the police, the court or police officer may issue a certificate that will be evidence of the conviction or finding or caution for a relevant offence and of the notification requirements which follow from it. Subsection (4) provides a power for the Secretary of State to prescribe by order the form certificate that will need to be issued by a police officer when a caution is given. These regulations will be subject to the negative resolution procedure (section 138(3)). Whilst the Regulations are in respect of cautions in England and Wales, a certificate made as a result of a caution will be sufficient evidence of that fact in a Scottish court.