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ARTICLE · 17 MAY 2023

Can my criminal history be brought up during a trial or defended hearing?

Outlines rules regarding when criminal history is admissible at trial or hearing.

AustraliaCriminal Law

If you have pleaded not guilty to a criminal offence and your case is heading towards a trial in the District or Supreme Court, or a defended hearing in the Local Court, you may be concerned about the fact-finder – whether that be the jury in the higher court or magistrate in the Local Court – may view you negatively due to something you did in the past.

The good news is that a person's criminal history is generally not admissible during a trial or hearing, and will normally only be taken into account if you are found guilty and your case proceeds to a sentencing hearing, which is when the magistrate or judge hears a range of matters about the offence itself, about your past and the present circumstances, before determining the appropriate penalty.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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