Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 90

Proof of prior convictions

90. Proof of prior convictions



(1) If a person is served with a summons for any infringement and it is
alleged that he or she has been previously convicted or found guilty of any
infringement or infringements there may be served with the summons a separate
document containing the prescribed particulars signed by the informant setting
out particulars of the alleged prior convictions or findings of guilt.

(2) The document setting out the alleged prior convictions or findings of
guilt-



   (a)  must be endorsed with a notice containing the prescribed particulars;
        and

   (b)  may be served in any manner in which the summons for the infringement
        may be served.

(3) If the court by whom any person has been convicted or found guilty is
satisfied that a copy of any such document was served on that person at least
14 days before the hearing of the information the document is admissible and
is evidence-

   (a)  that the person was convicted or found guilty of the offences alleged
        in the document; and

   (b)  of the particulars relating to the convictions or findings of guilt
        set out in the document.



(4) Any such document may not be tendered in evidence without the consent of
the defendant if the defendant is present at the hearing of the information.

(5) Without limiting the generality of the provisions of Division 5 of Part 4
of the Magistrates' Court Act 1989, where any evidence of prior convictions or
findings of guilt has been tendered pursuant to the provisions of this
section, the court may set aside, on any terms as to costs or otherwise that
the court decides, any conviction, finding or order if it has reasonable
grounds to believe that the document tendered in evidence was not in fact
brought to the notice of the defendant or that the defendant was not in fact
convicted, or found guilty, of the offences as alleged in the document.

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