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Evidence Act 2011
178Convictions, acquittals and other judicial proceedings
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178 Convictions, acquittals and other judicial proceedings
(1) This section applies to the following facts:
(a) the conviction or acquittal before or by an applicable court of a
person charged with an offence;
(b) the sentencing of a person to any punishment or pecuniary
penalty by an applicable court;
(c) an order by an applicable court;
(d) the pendency or existence at any time before an applicable court
of a civil or criminal proceeding.
(2) Evidence of a fact to which this section applies may be given by a
certificate signed by a judge, magistrate or registrar or other proper
officer of the applicable court—
(a) showing the fact, or purporting to contain particulars, of the
record, indictment, conviction, acquittal, sentence, order or
proceeding in question; and
(b) stating the time and place of the conviction, acquittal, sentence,
order or proceeding; and
(c) stating the title of the applicable court.
(3) A certificate given under this section showing a conviction, acquittal,
sentence or order is also evidence of the particular offence or matter
in relation to which the conviction, acquittal, sentence or order was
had, passed or made, if stated in the certificate.
(4) A certificate given under this section showing the pendency or
existence of a proceeding is also evidence of the particular nature and
occasion, or ground and cause, of the proceeding, if stated in the
certificate.
(5) A certificate given under this section purporting to contain particulars
of a record, indictment, conviction, acquittal, sentence, order or
proceeding is also evidence of the matters stated in the certificate.
acquittal includes the dismissal of the charge in question by an
applicable court.
applicable court means an Australian court or foreign court.
Note Section 91 excludes evidence of certain judgments and convictions.