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.