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Clause 83

provides that any statement, and exhibits or documents referred to in any statement, that are served in a full brief are admissible as evidence at a summary hearing determined in the absence of the accused. The Magistrates' Court has a discretion to rule that all or part of a statement, and exhibit or document referred to in a statement, is inadmissible. The clause takes a new approach to the admissibility of a criminal record by providing that, when served in a full brief, the criminal record of the accused or a statement that the accused has no previous convictions is only admissible for the purpose of sentencing in accordance with clause 86. This is different to clause 6(8), Schedule 2 to the Magistrates' Court Act 1989 which prohibits the court from being informed of or having regard to any previous convictions or findings of guilt, except as provided by section 90 of the Road Safety Act 1986. The court may also accept evidence on oath given by the informant, or on their behalf, if a full brief has not been served.