Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 86

Proof of criminal record in absence of accused

86. Proof of criminal record in absence of accused



(1) If-

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

   (b)  it is alleged that the accused has previous 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-

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

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