THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 7Minimum sentences for particular offences

Minimum sentence for repeat offences

I1317Certificates of conviction for purposes of sections 313 and 314

1

F2Subsection (2) applies where an offender is convicted—

a

in England and Wales of—

i

a class A drug trafficking offence, or

ii

a domestic burglary,

b

in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

c

F4... or

d

in any part of the United Kingdom other than England and WalesF3... of a corresponding domestic burglary offence.

2

A certificate, given in accordance with subsection (3), of either or both of the following—

a

that the offender was convicted of that offence on the date of the conviction;

b

that the offence was committed on a particular day, or over, or at some time during, a particular period,

is evidence for the purposes of section 313 or 314 of the facts so certified.

F52A

Subsection (2B) applies where an offender has been convicted—

a

in any member State of a corresponding drug trafficking offence, or

b

in any member State of a corresponding domestic burglary offence.

2B

For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

a

that the offender was convicted of that offence on the date of the conviction;

b

that the offence was committed on a particular day, or over, or at some time during, a particular period.

3

A certificate is given in accordance with this subsection if it is—

a

given—

i

by the court by or before which the offender was convicted of the offence, and

ii

in the case of a court in the United Kingdom, after the court has stated in open court the facts certified by it, and

b

in the case of a certificate given by a court outside the United Kingdom, signed by the proper officer of the court.

4

In this section—

  • “proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;

  • “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 313 and 314 respectively;

  • “corresponding drug trafficking offence” means an offence within section 313(3)(b) F6or (3A)(a);

  • “corresponding domestic burglary offence” means an offence within section 314(3)(b) F1or (3A)(a).