Rule 5.12 Request for certificate, extract or information under other legislationI1
England and Wales
This rule applies where legislation other than these Rules—
allows a certificate of conviction or acquittal, or an extract from records kept by the court officer, to be introduced in evidence in criminal proceedings; or
requires or permits information about a case, including information contained in materials kept by the court officer for the purposes of the case, to be supplied by the court officer to a specified person for a specified purpose.
A person who wants such a certificate or extract, or such information, must—
apply in writing to the court officer;
specify the certificate, extract or information required;
explain under what legislation and for what purpose it is required; and
pay any fee prescribed.
If the application satisfies the requirements of that legislation, the court officer must supply the certificate, extract or information requested—
to a party; and
unless the court otherwise directs, to any other applicant.
[Note. Under sections 73 to 75 of the Police and Criminal Evidence Act 1984f1, a certificate of conviction or acquittal, and certain other details from records to which this Part applies, may be admitted in evidence in criminal proceedings.
Examples of legislation to which paragraph (1)(b) of this rule applies include (this is not a complete list)—
section 17 of the Criminal Appeal Act 1995f2, under which information may be required by the Criminal Cases Review Commission;
section 115 of the Crime and Disorder Act 1998f3, under which information may be supplied to specified authorities for the purposes of that Act;
section 14 of the Offender Management Act 2007f4, under which information may be supplied to specified persons for offender management purposes; and
article 7 of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021f5, under which information may be required to assist in a review of Scottish criminal records concerning a time at which the subject of those records was under 12 years old.
Under section 92 of the Sexual Offences Act 2003f6, a certificate which records a conviction for an offence and a statement by the convicting court that that offence is listed in Schedule 3 to the Act is evidence of those facts for certain purposes of that Act.
A certificate of conviction or acquittal, and certain other information, required for other purposes, may be obtained from the Secretary of State under sections 112, 113A and 113B of the Police Act 1997f7.
This rule applies where certificates or extracts from court records are required for use in evidence or for some other purpose specified in legislation. Where this rule does not apply, information about a case may be obtained under rule 5.8.]
Annotations
Commencement
Footnotes
- f1
1984 c. 60; section 73 was amended by section 90(1) of, and paragraphs 125 and 128 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), paragraph 285 of Schedule 8 to the Courts Act 2003 (c. 39) and paragraph 13 of Schedule 17 to the Coroners and Justice Act 2009 (c. 25); and section 74 was amended by paragraph 85 of Schedule 36, and Part 5 of Schedule 37, to the Criminal Justice Act 2003 (c. 44) and paragraph 14 of Schedule 17 to the Coroners and Justice Act 2009 (c. 25).
- f2
1995 c. 35; section 17 was amended by section 1 of the Criminal Cases Review Commission (Information) Act 2016 (c. 17).
- f3
1998 c. 37; section 115 was amended by paragraphs 150 and 151 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43), paragraph 35 of Schedule 1 to S.I. 2000/90, section 97 of the Police Reform Act 2002 (c. 30), paragraph 25 of Schedule 1 to S.I. 2002/2469, section 219 of the Housing Act 2004 (c. 34), section 22 of, and paragraphs 1 and 7 of Schedule 9 to, the Police and Justice Act 2006 (c. 48), paragraph 29 of the Schedule to S.I. 2007/961, section 29 of the Transport for London Act 2008 (c. i), paragraph 13 of Schedule 1 to S.I. 2008/912, paragraphs 109 and 111 of Schedule 2 to S.I. 2010/866, section 98 of, and paragraphs 231 and 238 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), paragraphs 83 and 90 of Schedule 5 to the Health and Social Care Act 2012 (c. 7), article 26 of, and paragraph 30 of Schedule 2 to, S.I. 2013/602, paragraphs 78 and 80 of Schedule 1 and paragraphs 103 and 106 of Schedule 2 to the Policing and Crime Act 2017 (c. 3) and paragraph 1 of Schedule 1 and paragraphs 51 and 57 of Schedule 4 to the Health and Care Act 2022 (c. 31).
- f4
2007 c. 21; section 14 was amended by sections 38 and 39 of, and paragraphs 24 and 26 of Schedule 9 and paragraph 37 of Schedule 10 to, the Criminal Justice and Courts Act 2015 (c. 2).
- f5
- f6
- f7
1997 c. 50; section 112 was amended by section 50 of the Criminal Justice and Immigration Act 2008 (c. 4), sections 93, 97 and 112 of, and Part 8 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26) and sections 80 and 84 of the Protection of Freedoms Act 2012 (c. 9). Section 113A was added by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15), modified by regulation 4 of S.I. 2010/1146, and amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 50 of the Criminal Justice and Immigration Act 2008 (c. 4), sections 97 and 112 of, and Part 8 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26), sections 80 and 115 of, and paragraphs 35 and 36 of Schedule 9 and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012 (c. 9), articles 2 and 3 of S.I. 2009/203 and articles 36 and 37 of S.I. 2012/3006. Section 113B was added by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15), modified by regulations 5 to 7 of S.I. 2010/1146, and amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c. 52), section 50 of the Criminal Justice and Immigration Act 2008 (c. 4), sections 97 and 112 of, and Part 8 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26), sections 79, 80, 82 and 115 of, and paragraphs 35 and 37 of Schedule 9 and Parts 5 and 6 of Schedule 10 to, the Protection of Freedoms Act 2012 (c. 9), articles 2 and 4 of S.I. 2009/203, regulation 8 of S.I. 2010/1146 and articles 36, 37 and 39 of S.I. 2012/3006.