Schedule 17 | Treatment Of Convictions In Other Member States Etc | Coroners And Justice Act 2009 C25

SCHEDULE 17 Treatment of Convictions in Other Member States etc

Coroners and Justice Act 2009 (2009 c 25) | Legislation

SCHEDULE 17 Treatment of Convictions in Other Member States etc

Section 144 Evidence of bad character

(1) The Criminal Justice Act 2003 (c 44) is amended as follows.

(2) In section 103 (matter in issue between the defendant and the prosecution), after subsection (6) add—

“(7) Where—

(a) a defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b) the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”),

subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.

(8) For the purposes of subsection (2)—

(a) the previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a);

(b) the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to