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Clause 86 Proof of criminal record in absence of accused

(1)If— there may be served on the accused a copy of the criminal record of the accused.

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

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

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— the criminal record is admissible only for the purpose of sentencing and—

(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—

(c)is evidence that the accused has the previous convictions set out in the criminal record; and

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