166APost-offence convictions

Where a person is convicted of an offence on summary complaint, the court may, in deciding on the disposal of the case, have regard to any convictions which—

a

were imposed on the person between the date of the offence and the date of conviction in respect of the offence;

b

are specified in a notice laid before the court by the prosecutor; and

c

are—

i

admitted by the person; or

ii

proved by the prosecutor on evidence adduced then or at another diet.

166BCharges which disclose convictions

1

Nothing in section 166 of this Act prevents—

a

the prosecutor leading evidence of previous convictions where it is competent to do so as evidence in support of a substantive charge;

b

the prosecutor proceeding with a charge—

i

which discloses a previous conviction; or

ii

in support of which evidence of a previous conviction may competently be led,

on a complaint which includes a charge in relation to which the conviction is irrelevant; or

c

the court trying a charge—

i

which discloses a previous conviction; or

ii

in support of which evidence of a previous conviction may competently be led,

together with a charge on another complaint in relation to which the conviction is irrelevant.

2

But subsections (1)(b) and (c) above apply only if the charges are of offences which—

a

relate to the same occasion; or

b

are of a similar character and amount to (or form part of) a course of conduct.

3

The reference in subsection (1)(c) above to trying a charge together with a charge on another complaint means doing so under section 152A of this Act.