Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 86

    (1)     If—

        (a)     an accused is charged with a summary offence; and

S. 86(1)(b) amended by No. 81/2011 s. 11(1).

        (b)     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).

    (2)     If the Magistrates' Court—

        (a)     finds the accused guilty in the absence of the accused; and

        (b)     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).

        (c)     is evidence that the accused has the previous convictions and infringement convictions set out in the criminal record; and

        (d)     is evidence of the particulars set out in the criminal record.