Proof of criminal record in absence of accused
86 Proof of criminal record in absence of accused
If—
an accused is charged with a summary offence; and
S. 86(1)(b) amended by No. 81/2011 s. 11(1).
it is alleged that the accused has previous convictions or infringement convictions—
there may be served on the accused a copy of the criminal record of the accused.
Notes
1 See section 77 as to contents of a criminal record.
2 A copy of the criminal record of the accused is included in the preliminary brief (section 37) or, if a preliminary brief is not served, in the full brief (section 41).
If the Magistrates' Court—
finds the accused guilty in the absence of the accused; and
is satisfied that a copy of the criminal record of the accused was served on the accused at least 14 days before the hearing of the charge—
the criminal record is admissible only for the purpose of sentencing and—
S. 86(2)(c) amended by No. 81/2011 s. 11(2).
is evidence that the accused has the previous convictions and infringement convictions set out in the criminal record; and
is evidence of the particulars set out in the criminal record.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.