Victorian Current Acts Victorian Current Acts(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. 77(1) inserted by No. 81/2011 s. 7(1).
Note
"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. 77(2A) inserted by No. 81/2011 s. 7(2).
(2A) A criminal record must contain, in relation to each 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.
Example
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. 77(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. 78 (Heading) amended by No. 81/2011 s. 8(1).