{
  "url": "https://openlegislation.uk/magistrates-courts-act-1980/section-104",
  "json_url": "https://openlegislation.uk/magistrates-courts-act-1980/section-104.json",
  "legislation": "ukpga/1980/43",
  "legislation_title": "Magistrates’ Courts Act 1980",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-act-1980",
  "path": "section/104",
  "kind": "section",
  "number": "104",
  "heading": "Proof of previous convictions.",
  "text": "Where a person is convicted of a summary offence by a magistrates’ court, other than a youth court, and—\n(a) it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that not less than 7 days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of a summary offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged; and\n(b) the accused is not present in person before the court,\nthe court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 104 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(n); S.I. 1992/333, art. 2(2), Sch.2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 104 restricted (1.9.1998) by 1988 c. 53, s. 13(3A)(3B) (as inserted (1.9.1998)) by 1998 c. 15, s. 2(1); S.I. 1998/1837, art.2 (with transitional savings in art. 3))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/43/section/104",
    "retrieved_at": "2026-10-31T10:26:47.197891+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}