107Court may take alleged offences into account

107 Court may take alleged offences into account (a) a court finds a person (the offender) guilty of an offence, not being or including murder; and (b) there has been filed in court a document, in the prescribed form, that: (i) lists other offences (the listed offences), whether indictable or summary, not being or including murder, that it is alleged the offender has committed (whether or not the offender has been charged) but in respect of which the offender has not been found guilty; and (ii) is signed by the offender and either a police officer or the prosecutor; and Sentencing Act 1995 83 (c) a copy of the document has been given to the offender. (2) If the court considers it appropriate to do so and the prosecution consents, the court may ask the offender whether the offender: (a) admits committing any of the listed offences; and (b) wishes those listed offences to be taken into account by the court when passing sentence for the offence mentioned in subsection (1)(a). (3) If the offender admits committing any of the listed offences and wishes those listed offences to be taken into account, the court may do so if it considers it appropriate, but must not impose a sentence in respect of the offence mentioned in subsection (1)(a) in excess of the maximum penalty for that offence. (3A) Despite subsection (3), the Local Court may not take into account a listed offence unless it is: (a) a summary offence; or (b) an indictable offence of a type that is capable of being heard and determined in a summary manner. (4) If a listed offence is taken into account under this section, the court may make any order that it would have been empowered to make under Part 5 if the offender had been convicted before the court of the listed offence but must not otherwise impose any separate punishment for the listed offence. (5) An order made under subsection (4) in respect of a listed offence may be appealed against as if it has been made on the conviction of the offender for the listed offence. (7) The court must certify on the document filed in court any listed offences that have been so taken into account and the convictions in respect of which this has been done. (8) Proceedings must not be taken or continued in respect of any listed offence certified under subsection (7) unless each conviction in respect of which it has been taken into account has been quashed or set aside. (9) An admission made under and for this section is not admissible in evidence in any proceeding taken or continued in respect of the listed offence to which the admission relates. Sentencing Act 1995 84 (10) A person must not, for any purpose, be taken to have been convicted of a listed offence taken into account under and in accordance with this section only because it was so taken into account. (11) Whenever, in or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a person was convicted of an offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any listed offence when sentence was imposed in respect of that conviction. (12) The fact that a listed offence was taken into account under this section may be proved in the same manner as the conviction or convictions in respect of which it was taken into account may be proved.