Criminal Code Act 1899

The proceedings upon an indictment for committing an offence after a previous conviction or convictions are required to be as follows, that is to say—

the accused person is in the first instance to be called upon to plead to so much only of the indictment as charges the subsequent offence;

if the accused person pleads any plea which raises an issue to be tried by a jury, the jury are to be charged in the first instance to inquire concerning the subsequent offence only;

if the accused person pleads guilty, or if upon trial the accused person is convicted of the subsequent offence, the person is then, and not before, to be asked whether the person had been previously convicted as alleged in the indictment;

if the accused person answers that the person had been so previously convicted, the court may proceed to pass sentence upon the person accordingly;

if the accused person denies that the person had been so previously convicted, or will not answer directly to the question, the jury are then to be charged to inquire concerning the previous conviction or convictions; and in that case it is not necessary that the jury should be sworn afresh, but the oath already taken by them is deemed to extend to such last mentioned inquiry.

However, if on the trial of a person charged with a subsequent offence, the person offers evidence of the person’s good character, the Crown may, in answer thereto, and before any verdict is given, offer evidence of the person’s conviction of the previous offence or offences, and in that case the jury are required to inquire concerning the previous conviction or convictions at the same time that they inquire concerning the subsequent offence.