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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 9



9.(1) In an action for libel or slander in which the question whether a person
did or did not commit a criminal offence is relevant to an issue arising in
the action, proof that, at the time when that issue falls to be determined,
that person stands convicted of that offence shall be conclusive evidence that
he committed that offence; and his conviction thereof shall be admissible in
evidence accordingly.

(2) In any such action as aforesaid in which by virtue of this section a
person is proved to have been convicted of an offence, the contents of any
document which is admissible as evidence of the conviction, and the contents
of the information, complaint, indictment or charge-sheet on which that person
was convicted, shall, without prejudice to the reception of any other
admissible evidence for the purpose of identifying the facts on which the
conviction was based, be admissible in evidence for the purpose of identifying
those facts.

(3) For the purposes of this section a person shall be taken to stand
convicted of an offence if but only if there subsists against him a conviction
of that offence by or before a court in the United Kingdom or by a
court-martial there or elsewhere.

(4) Section 7(4) to (6) shall apply for the purposes of this section as they
apply for the purposes of that section, but as if in section 7(4) the
reference to subsection (2) of section 7 were a reference to subsection (2) of
this section.

(5) The foregoing provisions of this section shall apply for the purposes of
any action begun after the passing of this Act, whenever the cause of action
arose, but shall not apply for the purposes of any action begun before the
passing of this Act or any appeal or other proceedings arising out of any such
action.

Privilege against incrimination of self or spouse.



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© 1971 Crown Copyright

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