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Act index » Chapter 5 - Trial on indictment » Part 5.8 - General » Division 2 - Criminal record
245 Proof of previous convictions and infringement convictions by criminal record
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(1)If the prosecution intends to allege, in the event of a finding of guilt against a person, that the person has previous convictions or infringement convictions, the prosecution may file the criminal record of the person in court at any time after the indictment is filed and before the sentencing hearing commences.
(2)If the criminal record of the person is not available before the sentencing hearing commences, the prosecution may file it in court at any time before sentencing, if the court considers that it is in the interests of justice to do so.
(3)If a person is found guilty of an offence and the criminal record of the person has been filed in court, the court must ask the person whether the person admits the previous convictions and infringement convictions set out in the criminal record.
(4)A person may admit, orally or in writing on the criminal record, all or any of the previous convictions or infringement convictions set out in the criminal record.
(6)If the person does not admit to a previous conviction or infringement conviction, the prosecution may lead evidence to prove the previous conviction or infringement conviction.