Victorian Current Acts Victorian Current Acts(1) If a court convicts a person of an offence or offences, not being or including treason or murder, and the court is satisfied that—
S. 100(1)(a) amended by Nos 48/1997 s. 25(2), 68/2009 s. 97(Sch. item 110.72).
(a) there has been filed in court a document in the form of Schedule 2 showing on the back in the form prescribed by Part C of that Schedule a list of other offences, whether indictable or summary, not being or including treason or murder, in respect of which the offender has been charged or indicted; and
(b) a copy of that document has been provided to the offender; and
(c) in all the circumstances it is proper to do so—
the court may, with the consent of the prosecution, before passing sentence ask the offender whether the offender admits having committed all or any of the listed offences and wishes them to be taken into account by the court when passing sentence for the offence or offences of which the offender has been convicted.
(2) A document referred to in subsection (1) must be signed by—
S. 100(2)(a) amended by Nos 43/1994 s. 56(Sch. item 6.1), 36/1995 s. 13(1), 37/2014 s. 10(Sch. item 151.7).
(a) a police officer or the Director of Public Prosecutions or a Crown Prosecutor or Associate Crown Prosecutor; and
(b) the offender.
(3) If the offender admits having committed all or any of the listed offences and wishes them to be taken into account, the court may, if it thinks fit, do so but must not impose a sentence in respect of an offence of which the offender has been convicted in excess of the maximum sentence that might have been imposed if no listed offence had been taken into account.
(4) If an offence is taken into account under this section, the court may make any order that it would have been empowered to make under Part 4 if the offender had been convicted before the court of the offence but must not otherwise impose any separate punishment for the offence.
(5) An order made under subsection (4) in respect of an offence taken into account may be appealed against as if it had been made on the conviction of the offender for that offence.
(6) Despite anything in subsection (3), a court must not take into account any charge of an indictable offence which it would not have jurisdiction to try even with the consent of the person charged with it.
S. 100(7) amended by No. 48/1997 s. 25(2).
(7) The court must certify in the form prescribed by Part B of Schedule 2 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.
S. 100(8) amended by No. 68/2009 s. 97(Sch. item 110.73).
(8) Proceedings shall 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 set aside.
(9) An admission made under and for the purposes of this section is not admissible in evidence in any proceeding taken or continued in respect of the offence to which it relates.
(10) A person must not for any purpose be taken to have been convicted of an 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 indictable offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any other offence or offences when sentence was imposed in respect of that conviction.
(12) The fact that an 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.
Division 4—Passing of sentence