Text as at 1 July 2026

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86 Proof of criminal record in absence of accused

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Explained inBill clause 86 EM on clause 86

(1)If—

(a)an accused is charged with a summary offence; and

(b)it is alleged that the accused has previous convictions or infringement convictions—

S. 86(1)(b) amended by No. 81/2011 s. 11(1).

there may be served on the accused a copy of the criminal record of the accused.

1See section 77 as to contents of a criminal record.

2A 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 and infringement convictions set out in the criminal record; and

S. 86(2)(c) amended by No. 81/2011 s. 11(2).

(d)is evidence of the particulars set out in the criminal record.