s. s. 62 62 (3) If the court by which any person has been S. 62(3) convicted or found guilty is satisfied that a copy amended by Nos 57/1989 of any such document was served on that person s. 3(Sch. item at least 14 days before the hearing of the charge 126.6), 20/1993 the document is admissible and is evidence— s. 13(3)(a)(b). (a) that the person was convicted or found guilty of the offences alleged in the document; and (b) of the particulars relating to the convictions or findings of guilt set out in the document. (4) Any such document may not be tendered in S. 62(4) amended by evidence without the consent of the accused if the Nos 57/1989 accused is present at the hearing of the charge. s. 3(Sch. item 126.7), 68/2009 s. 97(Sch. item 84.8). (5) Without limiting the generality of the provisions S. 62(5) amended by of Part 3.4 of Chapter 3 of the Criminal Nos 57/1989 Procedure Act 2009, where any evidence of prior s. 3(Sch. item 126.8), convictions or findings of guilt has been tendered 20/1993 pursuant to the provisions of this section, the court s. 13(4)(a)–(c), 68/2009 may set aside, on any terms as to costs or s. 97(Sch. otherwise that the court decides, any conviction, item 84.9). finding or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the accused or that the accused was not in fact convicted, or found guilty, of the offences as alleged in the document. _______________ Pt 8 (Heading) amended by No. 77/2001 s. 4(a).
S. 62(3) amended by Nos 57/1989 s. 3(Sch. item 126.6), 20/1993 s. 13(3)(a)(b). (3) If the court by which any person has been convicted or found guilty is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the charge the document is admissible and is evidence— (a) that the person was convicted or found guilty of the offences alleged in the document; and s. 62 (b) of the particulars relating to the convictions or findings of guilt set out in the document. S. 62(4) amended by Nos 57/1989 s. 3(Sch. item 126.7), 68/2009 s. 97(Sch. item 84.8). (4) Any such document may not be tendered in evidence without the consent of the accused if the accused is present at the hearing of the charge. S. 62(5) amended by Nos 57/1989 s. 3(Sch. item 126.8), 20/1993 s. 13(4)(a)–(c), 68/2009 s. 97(Sch. item 84.9). (5) Without limiting the generality of the provisions of Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009, where any evidence of prior convictions or findings of guilt has been tendered pursuant to the provisions of this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction, finding or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the accused or that the accused was not in fact convicted, or found guilty, of the offences as alleged in the document. s. 62 _______________ Pt 8 (Heading) amended by No. 77/2001 s. 4(a).
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