Victorian Current Acts

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Criminal record

    (1)     A criminal record must contain, in relation to each previous conviction

        (a)     the date of the previous conviction; and

        (b)     the court in which the previous conviction took place; and

        (c)     the place of sitting of that court; and

        (d)     the offence committed; and

        (e)     the sentence imposed.

Note to s. 244(1) inserted by No. 81/2011 s. 15(1).


"Previous conviction" is defined by section 3 to refer only to a conviction or finding of guilt made by a court and does not include an infringement conviction.

    (2)     If other offences were taken into account when a sentence was imposed in respect of a previous conviction, a criminal record may contain a statement to that effect and the offences taken into account, including the number of offences.

S. 244(2A) inserted by No. 81/2011 s. 15(2).

    (2A)     A criminal record must contain, in relation to an infringement conviction—

        (a)     the date on which the infringement notice took effect as a conviction; and

        (b)     the offence specified in the notice; and

        (c)     the amount specified in the notice as the penalty for the infringement; and

        (d)     any other penalty that results from the operation of the notice.


A period of cancellation, disqualification or suspension of a licence or permit.

    (3)     A criminal record is inadmissible as evidence against the person to whom it relates in a proceeding for an offence unless the criminal record is signed by—

S. 244(3)(a) amended by No. 37/2014 s. 10(Sch. item 41.5).

        (a)     a police officer; or

        (b)     a Crown Prosecutor; or

        (c)     a member of staff of the Office of Public Prosecutions who is a legal practitioner; or

        (d)     in the case of a proceeding commenced by an informant—

              (i)     a person who is entitled to represent the informant and is a legal practitioner; or

              (ii)     a public official.

S. 245 (Heading) amended by No. 81/2011 s. 16(1).

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