Proof of convictions

1. If the defence has agreed previous convictions, you will not need to prove these at trial. If the defence raise any objection, or if the convictions in question are of a person other than the defendant, you will need to prove the convictions by a signed certificate of conviction (Crown Court) or copy of the memorandum of conviction (magistrates' court), together with proof that the person named in the Certificate is the person whose conviction is in issue. 1

2. Where it is necessary to prove previous advice or enforcement action, which has not been agreed by the defendant, you must:

  • call oral evidence from the inspectors concerned; or
  • serve written statements from the inspectors in question under section 9, CJA 1967 (for agreement before trial, to avoid them having to attend at court); or
  • produce documentary evidence which complies with section 23 or section 24, CJA 1988.

3. Citing previous convictions is explained in the sentencing hearing and imposing the sentence section.


Footnote

1. PACE 1984, ss.73 to 75. A conviction in any one part of the United Kingdom may be proved in any other part of the UK: Prevention of Crimes Act 1871. Back

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Updated 2021-08-27