This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

Clause 245

applies in cases where the prosecution intends to allege previous convictions at sentencing. The clause allows the prosecution to file a criminal record at any time after the filing of the indictment and before the commencement of the sentencing hearing. If the criminal record is not available before the commencement of the sentencing hearing, it can be filed any time before sentencing with the court's leave. Before criminal convictions can be taken into account by the court, it must ask the person whether they admit the previous convictions set out in the criminal record. If the person admits to a previous conviction, the court may sentence the person accordingly. If, however, the person does not admit to a previous conviction, the prosecution may lead evidence to prove the previous conviction under the Evidence Act 2008. One or more previous convictions can be admitted in writing on the criminal record. Unlike in the equivalent summary clause (clause 78(5)), convictions must be admitted by the accused personally (i.e. not through a legal practitioner) in indictable proceedings. Division 3—Powers and obligations