HL Deb 02 November 1989 vol 512 c416

89 Clause 20, page 18, line 42, at end insert 'and a document in that form shall be taken to be such a certificate unless the contrary is proved.'.

90 Page 18, line 42, at end insert— `( ) In proceedings against a person under this section, the facts stated in such a certificate shall, on production of the certificate and proof that that person is the person whose conviction is certified, be taken to be proved unless the contrary is proved.'.

Earl Ferrers

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 89 and 90.

Clause 20 enables the courts to impose restriction orders on those convicted of corresponding offences outside England and Wales. Subsection (9) provides that an Order in Council specifying corresponding offences may also specify the authority in each country which will be responsible for certifying the information required and the form of the certificate which is to be used.

Subsection (10), with which we are concerned here, declares that such a certificate is admissible in the courts of England and Wales. Amendment No. 89 establishes that the certificate is valid unless proof is provided to the contrary. Similarly, Amendment No. 90 establishes the presumption that the facts which are contained in a certificate shall be taken to be proved unless the contrary is shown.

The amendments provide a safeguard for the defendant by requiring proof that the defendant is the person named in the certificate. That will normally be resolved by the court asking the defendant, "Are you the person named in this certificate?", or, if he disputes that he is that person, by reference to the details provided in the certificate. I beg to move.

Moved, That this House do agree with the Commons in the said amendments. —(Earl Ferrers.)

On Question, Motion agreed to.