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Clause 245 Proof of previous convictions by criminal record

(1)If the prosecution intends to allege, in the event of a finding of guilt against a person, that the person has previous 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 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 set out in the criminal record.

(5)If the person admits to a previous conviction, the court may sentence the person accordingly.

(6)If the person does not admit to a previous conviction, the prosecution may lead evidence to prove the previous conviction.

Section 178 of the Evidence Act 2008 provides for proof of previous convictions by the filing of a certificate.