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EVIDENCE ACT 1977 - SECT 79 Convictions as evidence in civil proceedings

EVIDENCE ACT 1977 - SECT 79

Convictions as evidence in civil proceedings

79 Convictions as evidence in civil proceedings

(1) In this section—


"civil proceeding" does not include an action for defamation.


"convicted" means a finding of guilt for an offence, on a plea of guilty or otherwise, and whether or not a conviction was recorded.
(2) In any civil proceeding the fact that a person has been convicted by a court of an offence is admissible in evidence for the purpose of proving, where to do so is relevant to any issue in that proceeding, that the person committed that offence.
(3) In any civil proceeding in which by virtue of this section a person is proved to have been convicted by a court of an offence the person shall, unless the contrary is proved, be taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence.
(4) This section applies—
(a) whether or not a person was convicted upon a plea of guilty; and
(b) whether or not the person convicted is a party to the civil proceeding.