Part VIIIC10 Evidence in Criminal Proceedings—General
Convictions and acquittals
E173 Proof of convictions and acquittals.
1
Where in any proceedings the fact that a person has in the United Kingdom been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.
2
For the purposes of this section a certificate of conviction or of acquittal—
a
shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the F1proper officer of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and
b
shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the F1proper officer of the court where the conviction or acquittal took place or by the F1proper officer of the court, if any, to which a memorandum of the conviction or acquittal was sent;
and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.
F23
In subsection (2) above “proper officer” means—
a
in relation to a magistrates’ court in England and Wales, the F3designated officer for the court; and
b
in relation to any other court, the clerk of the court, his deputy or any other person having custody of the court record.
4
The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.
C174 Conviction as evidence of commission of offence.
1
In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, F4that that person committed that offence, where evidence of his having done so is admissible , whether or not any other evidence of his having committed that offence is given.
2
In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.
3
In any proceedings where evidence is admissible of the fact that the accused has committed an offence, F5. . . , if the accused is proved to have been convicted of the offence—
a
by or before any court in the United Kingdom; or
b
by a Service court outside the United Kingdom,
he shall be taken to have committed that offence unless the contrary is proved.
4
Nothing in this section shall prejudice—
a
the admissibility in evidence of any conviction which would be admissible apart from this section; or
b
the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
E275 Provisions supplementary to section 74.
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
b
the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,
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
F6Section 14 of the Powers of Criminal Courts (Sentencing ) Act 2000(under which a conviction leading to probation or discharge is to be disregarded except as mentioned in that section);
F7aa
section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);
b
F8section 247 of the Criminal Procedure (Scotland) Act 1995 (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.
Confessions
E3C276 Confessions.
1
In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
2
If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
a
by oppression of the person who made it; or
b
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaid.
3
In any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, the court may of its own motion require the prosecution, as a condition of allowing it to do so, to prove that the confession was not obtained as mentioned in subsection (2) above.
4
The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
a
of any facts discovered as a result of the confession; or
b
where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
5
Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
6
Subsection (5) above applies—
a
to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
b
to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
7
Nothing in Part VII of this Act shall prejudice the admissibility of a confession made by an accused person.
8
In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
F99
Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—
a
in subsection (1) the words “and is not excluded by the court in pursuance of this section”, and
b
subsections (2) to (6) and (8).
76AF14Confessions may be given in evidence for co-accused
1
In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
2
If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
a
by oppression of the person who made it; or
b
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.
3
Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.
4
The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
a
of any facts discovered as a result of the confession; or
b
where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
5
Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
6
Subsection (5) above applies—
a
to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
b
to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
7
In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
E4C377 Confessions by mentally handicapped persons.
1
Without prejudice to the general duty of the court at a trial on indictment F10with a jury to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial—
a
the case against the accused depends wholly or substantially on a confession by him; and
b
the court is satisfied—
i
that he is mentally handicapped; and
ii
that the confession was not made in the presence of an independent person,
the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.
2
In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment F11with a jury , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
F122A
In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
3
In this section—
“independent person” does not include a police officer or a person employed for, or engaged on, police purposes;
“mentally handicapped”, in relation to a person, means that he is in a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; and
“police purposes” has the meaning assigned to it by F13section 101(2) of the M1Police Act 1996.
Miscellaneous
E578 Exclusion of unfair evidence.
C41
In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
2
Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.
F153
This section shall not apply in the case of proceedings before a magistrates’ court inquiring into an offence as examining justices.
C579 Time for taking accused’s evidence.
If at the trial of any person for an offence—
a
the defence intends to call two or more witnesses to the facts of the case; and
b
those witnesses include the accused,
the accused shall be called before the other witness or witnesses unless the court in its discretion otherwise directs.
E6C680F16Competence and compellability of accused’s spouse F17or civil partner.
F181
In any proceedings the wife or husband of the accused shall be competent to give evidence—
a
subject to subsection (4) below, for the prosecution; and
b
on behalf of the accused or any person jointly charged with the accused.
F192
In any proceedings the F20spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.
2A
In any proceedings the F20spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—
a
to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or
b
to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.
3
In relation to the F20spouse or civil partner of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—
a
it involves an assault on, or injury or a threat of injury to, the F20spouse or civil partner or a person who was at the material time under the age of 16;
b
it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or
C7c
it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.
4
No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.
4A
References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).
5
In any proceedings a person who has been but is no longer married to the accused shall be F21competent and compellable to give evidence as if that person and the accused had never been married.
F225A
In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.
6
Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.
7
In subsection (3)(b) above “sexual offence” means an offence under F23the Sexual Offences Act 1956, the M2Indecency
with Children Act M31960, the Sexual Offences Act 1967, section 54 of the M4Criminal Law Act M51977
or the M6Protection of Children Act 1978 F24or Part 1 of the Sexual Offences Act 2003 .
F188
The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.
9
E780AF25Rule where accused’s spouse F26or civil partner not compellable.
The failure of the F27spouse or civil partner of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.
C881 Advance notice of expert evidence in Crown Court.
1
F28Criminal Procedure Rules may make provision for—
a
requiring any party to proceedings before the court to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings; and
b
prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) above from adducing that evidence without the leave of the court.
2
F28Criminal Procedure Rules made by virtue of this section may specify the kinds of expert evidence to which they apply and may exempt facts or matters of any description specified in the rules.
C9 Part VIII—supplementary
Pt. VIII modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(a)
Pt. VIII modified (2.10.2000) by S.I. 2000/2371 rule, 27(2), Sch. 3 Pt. III para. 18(a)
E882 Part VIII— interpretation.
C111
In this Part of this Act—
“confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;
F31“court-martial” means a court-martial constituted under theM9Army Act 1955, theM10Air Force Act 1955 or theM11Naval Discipline Act 1957F29. . . ;“proceedings” means criminal proceedings, including F32service proceedings;
“Service court” means F33the Court Martial or the Service Civilian Court.
F341A
In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
2
3
Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.
Pt. VIII modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(a)
Pt. VIII modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. III para. 18(a)
Pt. VIII modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. III para. 18(a)