90Proof of prior convictions

90 Proof of prior convictions S. 90(1) amended by Nos 41/1992 s. 6(3)(a)(b), 57/1998 s. 4(5)(f). (1) If a person is served with a summons for any infringement and it is alleged that he or she has been previously convicted or found guilty of any infringement or infringements there may be served with the summons a separate document containing the prescribed particulars signed by the informant setting out particulars of the alleged prior convictions or findings of guilt. S. 90(2) amended by No. 41/1992 s. 6(4). (2) The document setting out the alleged prior convictions or findings of guilt— S. 90(2)(a) amended by No. 57/1998 s. 4(5)(f). (a) must be endorsed with a notice containing the prescribed particulars; and (b) may be served in any manner in which the summons for the infringement may be served. S. 90(3) amended by No. 41/1992 s. 6(5)(a). (3) If the court by whom 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 information 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. 90(3)(b) amended by No. 41/1992 s. 6(5)(b). (b) of the particulars relating to the convictions or findings of guilt set out in the document. S. 90(4) amended by No. 68/2009 s. 97(Sch. item 106.28). (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 information. S. 90(5) amended by Nos 57/1989 s. 3(Sch. item 173.23), 41/1992 s. 6(6)(a)–(c), 68/2009 s. 97(Sch. item 106.29). (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. Pt 7A (Heading and ss 90A–90H) inserted by No. 25/1996 s. 4.