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.