Section 341 — Crimes Act 1961: Charge of previous conviction

341 Charge of previous conviction (1) Where any count contains an allegation that the accused has been previously convicted, the following provisions shall apply: (a) He shall not at the time of his arraignment be required to plead to that allegation, unless he pleads guilty to the rest of that count and to the rest of the indictment: (b) If he pleads not guilty to the rest of that count, or to any other count in the indictment, the allegation shall not be mentioned to the jury when he is given in charge to them: (c) If he pleads guilty to or is convicted on any count, then, before he is called upon to say why sentence should not be passed upon him, he shall be asked whether or not he has been previously convicted as alleged, and if he says that he has not, or does not say that he has been so convicted, the jury shall be charged to inquire into the matter, as in other cases. (2) Notwithstanding anything in subsection (1) of this section, where at the trial of the accused evidence of his good character is given on the part of the accused, the prosecutor, in answer to that evidence, may prove the previous conviction. Compare: 1908 No 32 s 398