Welcome to the Criminal Procedure Act 2009

The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.


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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