Evidence of offences taken into account in sentencing

In force

(1)

This section applies if the court takes an additional offence into account in making a sentence-related order for the offender for the principal offence.

(2)

The fact that the additional offence has been taken into account is admissible in a criminal proceeding if—

(a)

the fact that the offender has been convicted or found guilty of the principal offence is admissible in the proceeding; and

(b)

had the offender been convicted or found guilty of the additional offence, that fact would have been admissible in the proceeding.

(3)

For subsection (2), a fact is admissible in a criminal proceeding if—

(a)

reference may be made to the fact in the proceeding; or

(b)

evidence may be given of the fact in the proceeding.

(4)

The fact that the additional offence has been taken into account may be proved in the same way as the finding of guilt or conviction for the principal offence.

This Act’s bill:Explanatory statement Second reading speech

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60 Evidence of offences taken into account in sentencing