Victorian Current Acts Victorian Current ActsS. 245(1) amended by No. 81/2011 s. 16(2).
(1) If the prosecution intends to allege, in the event of a finding of guilt against a person, that the person has previous convictions or infringement convictions, the prosecution may file the criminal record of the person in court at any time after the indictment is filed and before the sentencing hearing commences.
(2) If the criminal record of the person is not available before the sentencing hearing commences, the prosecution may file it in court at any time before sentencing, if the court considers that it is in the interests of justice to do so.
S. 245(3) amended by No. 81/2011 s. 16(3).
(3) If a person is found guilty of an offence and the criminal record of the person has been filed in court, the court must ask the person whether the person admits the previous convictions and infringement convictions set out in the criminal record.
S. 245(4) amended by No. 81/2011 s. 16(4).
(4) A person may admit, orally or in writing on the criminal record, all or any of the previous convictions or infringement convictions set out in the criminal record.
S. 245(5) amended by No. 81/2011 s. 16(5).
(5) If the person admits to a previous conviction or infringement conviction, the court may sentence the person accordingly.
S. 245(6) amended by No. 81/2011 s. 16(6).
(6) 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.
Note
Section 178 of the Evidence Act 2008 provides for proof of previous convictions by the filing of a certificate.
Division 3—Powers and obligations