78Proof of previous convictions and infringement convictions by criminal record

78 Proof of previous convictions and infringement convictions by criminal record (1) If a person is found guilty of an offence in a summary hearing, the prosecution may provide to the court the criminal record, if any, of the person. S. 78(2) amended by No. 81/2011 s. 8(2). (2) The court must ask the person whether the person admits the previous convictions and infringement convictions set out in the criminal record. S. 78(3) amended by No. 81/2011 s. 8(3). (3) If the person admits to a previous conviction or infringement conviction, the court may sentence the person accordingly. S. 78(4) amended by No. 81/2011 s. 8(4). (4) If the person does not admit to a previous conviction or infringement conviction, the prosecution may lead evidence to prove the previous conviction or infringement conviction. S. 78(5) amended by No. 81/2011 s. 8(5). (5) A legal practitioner appearing for the person may, on behalf of the person, admit a previous conviction or infringement conviction set out in the criminal record. 1 Section 178 of the **Evidence Act 2008** provides for proof of previous convictions by the filing of a certificate. 2 Section 86 of this Act provides for proof of a criminal record in the absence of the accused. Division 10—Non-appearance of party 79 Non-appearance of informant If the informant in a criminal proceeding does not appear on the date on which the proceeding is listed for hearing, the Magistrates' Court may— (a) dismiss the charge; or (b) adjourn the proceeding on any terms that it considers appropriate. Section 328 sets out who may appear on behalf of an informant.