s. 100 (5) An order made under subsection (4) in respect of an offence taken into account may be appealed against as if it had been made on the conviction of the offender for that offence. (6) Despite anything in subsection (3), a court must not take into account any charge of an indictable offence which it would not have jurisdiction to try even with the consent of the person charged with it. (7) The court must certify in the form prescribed by S. 100(7) amended by Part B of Schedule 2 on the document filed in No. 48/1997 court any listed offences that have been so taken s. 25(2). into account and the convictions in respect of which this has been done. (8) Proceedings shall not be taken or continued in S. 100(8) amended by respect of any listed offence certified under No. 68/2009 subsection (7) unless each conviction in respect of s. 97(Sch. item 110.73). which it has been taken into account has been set aside. (9) An admission made under and for the purposes of this section is not admissible in evidence in any proceeding taken or continued in respect of the offence to which it relates. (10) A person must not for any purpose be taken to have been convicted of an offence taken into account under and in accordance with this section only because it was so taken into account. (11) Whenever, in or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a person was convicted of an indictable offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any other offence or offences when sentence was imposed in respect of that conviction.
(5) An order made under subsection (4) in respect of an offence taken into account may be appealed against as if it had been made on the conviction of the offender for that offence. (6) Despite anything in subsection (3), a court must not take into account any charge of an indictable offence which it would not have jurisdiction to try even with the consent of the person charged with it. S. 100(7) amended by No. 48/1997 s. 25(2). (7) The court must certify in the form prescribed by Part B of Schedule 2 on the document filed in court any listed offences that have been so taken into account and the convictions in respect of which this has been done. S. 100(8) amended by No. 68/2009 s. 97(Sch. item 110.73). (8) Proceedings shall not be taken or continued in respect of any listed offence certified under subsection (7) unless each conviction in respect of which it has been taken into account has been set aside. s. 100 (9) An admission made under and for the purposes of this section is not admissible in evidence in any proceeding taken or continued in respect of the offence to which it relates. (10) A person must not for any purpose be taken to have been convicted of an offence taken into account under and in accordance with this section only because it was so taken into account. (11) Whenever, in or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a person was convicted of an indictable offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any other offence or offences when sentence was imposed in respect of that conviction.
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