254. Right of appeal

254. Right of appeal

A person convicted of an offence by the Magistrates' Court in a criminal proceeding conducted in accordance with Part 3.3 may appeal to the County Court against—

(a) the conviction and sentence imposed by the court; or
(b) sentence alone.

Note

See the definitions of conviction and sentence in section 3.

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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.

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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.

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77. Criminal record

77. Criminal record

(1) A criminal record must contain, in relation to each previous conviction-

(a) the date of the previous conviction; and

(b) the court in which the previous conviction took place; and

(c) the place of sitting of that court; and

(d) the offence committed; and

(e) the sentence imposed.

(2) If other offences were taken into account when a sentence was imposed in respect of a previous conviction, a criminal record may contain a statement to that effect and the offences taken into account, including the number of offences.

(3) A criminal record is inadmissible as evidence against the person to whom it relates in a proceeding for an offence unless the criminal record is signed by-

(a) a member of the police force; or

(b) a Crown Prosecutor; or

(c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or

(d) in the case of a proceeding commenced by an informant-

(i) a person who is entitled to represent the informant and is a legal practitioner; or

(ii) a public official.

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