Proof of previous convictions and infringement convictions by criminal record
78 Proof of previous convictions and infringement convictions by criminal record
S. 78 (Heading) amended by No. 81/2011 s. 8(1).
If a person is found guilty of an offence in a summary hearing, the prosecution may provide to the court the criminal record, if any, of the person.
S. 78(2) amended by No. 81/2011 s. 8(2).
The court must ask the person whether the person admits the previous convictions and infringement convictions set out in the criminal record.
S. 78(3) amended by No. 81/2011 s. 8(3).
If the person admits to a previous conviction or infringement conviction, the court may sentence the person accordingly.
S. 78(4) amended by No. 81/2011 s. 8(4).
If the person does not admit to a previous conviction or infringement conviction, the prosecution may lead evidence to prove the previous conviction or infringement conviction.
S. 78(5) amended by No. 81/2011 s. 8(5).
A legal practitioner appearing for the person may, on behalf of the person, admit a previous conviction or infringement conviction set out in the criminal record.
Notes
1 Section 178 of the Evidence Act 2008 provides for proof of previous convictions by the filing of a certificate.
2 Section 86 of this Act provides for proof of a criminal record in the absence of the accused.
This Act’s bill:Explanatory memorandumSecond reading speech
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