Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 78

Proof of previous convictions by criminal record

78. Proof of previous convictions by criminal record



(1) If a person is found guilty of an offence in a summary hearing, the
prosecution may provide to the court the criminal record, if any, of the
person.

(2) The court must ask the person whether the person admits the previous
convictions set out in the criminal record.

(3) If the person admits to a previous conviction, the court may sentence the
person accordingly.

(4) If the person does not admit to a previous conviction, the prosecution may
lead evidence to prove the previous conviction.

(5) A legal practitioner appearing for the person may, on behalf of the
person, admit a previous conviction set out in the criminal record.

Notes 1. Section 178 of the Evidence Act 2008 provides for proof of previous
convictions by the filing of a certificate. 2. Section 86 of this Act provides
for proof of a criminal record in the absence of the accused.

Division 10-Non-appearance of party