OpenLegislation

Section 18 Evidence of previous conviction.F1C1

United Kingdom

A previous conviction may be proved in any legal proceeding whatever against any person by producing a record or extract of such conviction, and by giving proof of the identity of the person against whom the conviction is sought to be proved with the person appearing in the record or extract of conviction to have been convicted.

A record or extract of a conviction shall in the case of an indictable offence consist of a certificate containing the substance and effect only (omitting the formal part of the indictment and conviction), and purporting to be signed by the F2proper officer of the court by which such conviction was made; and in the case of a summary conviction shall consist of a copy of such conviction purporting to be signed by any justice of the peace having jurisdiction over the offence in respect of which such conviction was made, or to be signed by the proper officer of the court by which such conviction was made, or by the proper officer of any court to which such conviction has been returned.

A record or extract of any conviction made in pursuance of this section shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same.

F3A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom; F4and a conviction before the passing of this Act shall be admissible in the same manner as if it had taken place after the passing thereof.

A fee not exceeding F525p may be charged for a record of a conviction given in pursuance of this section.

The mode of proving a previous conviction authorized by this section shall be in addition to and not in exclusion of any other authorized mode of proving such conviction.

F6 In this section “proper officer” means—

  1. (a)

    in relation to a magistrates’ court in England and Wales, the F7designated officer for the court; and

  2. (b)

    in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

Annotations

Textual amendments

F1

S. 18 repealed (S.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F2

Words in s. 18 substituted (1.4.2001 subject to Sch. 2 para. 2 of the commencing SI) by 1999 c. 22, s. 90, Sch. 13 para. 4(1)-(3) (with Sch. 14, para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F3

S. 18 except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.” repealed (E.W.) (with effect only in relation to Criminal Proceedings) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. IV

F4

Words repealed (E.W.N.I.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F5

Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F6

Definition of “proper officer” in s. 18 inserted (1.4.2001 subject to Sch. 2 para. 2 of the commencing SI) by 1999 c. 22, ss. 90, 108(1), Sch. 13 para. 4(1)(4) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F7

Words in s. 18 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 52; S.I. 2005/910, art. 3(y)

Modifications

C1

Expression "United Kingdom", where first occurring, to be construed as including the Republic of Ireland: S. R. & O 1923/405 (Rev. X, p. 289: 1923, p. 400), art. 2. Sch.