Victorian Consolidated Legislation

Evidence Act 1958 - SECT 87

Proof of trial or conviction or acquittal for an indictable offence by certified copy

87. Proof of trial or conviction or acquittal for an indictable offence by
certified copy



(1) In any legal proceeding whatsoever in order to prove the trial or
conviction or acquittal in Victoria of any person charged with any indictable
offence, it shall not be necessary to produce the record of the conviction or
acquittal of such person or a copy thereof; but a certificate purporting to
contain the substance and effect only (omitting the formal part) of the
presentment indictment or charge or of the conviction or of the acquittal (as
the case may be) of or for such offence purporting to be signed by the officer
having the custody of the records of the court where such first-mentioned
person was tried convicted or acquitted or by the deputy of such officer or by
the officer for the time being acting in such first-mentioned capacity (for
which certificate a fee of Fifty cents ($0.50) and no more shall be demanded
or taken) shall be sufficient evidence of the said trial or conviction or
acquittal without proof of the signature or official character of the person
appearing to have signed the same
or of the fact that he has the custody of such records; and the conviction
shall be deemed to be unappealed against and otherwise unaffected unless the
contrary is proved.

(2) No fee shall be demanded or taken for any such certificate if the same is
applied for by any Crown prosecutor or person acting on her behalf or by any
person acting under the direction of a law officer or by any person acting for
the prisoner.