Western Australian Numbered Acts Western Australian Numbered Acts (1) If an accused is
served with a criminal record at least 5 working days before the accused is to
be sentenced, the record is admissible in the sentencing proceedings as
evidence of its contents unless the accused objects.
(2) If an accused
objects to the admission of a criminal record, the court, if requested to do
so by the prosecutor, must adjourn the case to allow the prosecutor to prove
the criminal record.
(3) This section does
not prevent a court from admitting into evidence, with the accused’s
consent, a criminal record that has not been served on the accused.
(4)
Subsection (1) does not affect the operation of the Evidence
Act 1906 sections 23 and 47.