Section 360 — Crimes Act 1961: Evidence of former trial

360 Evidence of former trial (1) On the trial of an issue on a plea of previous acquittal or conviction on indictment in the High Court or in a District Court, the depositions transmitted to the Court on the former trial, together with a copy of the Judge's notes, if available, certified by the Registrar, and the depositions transmitted to the Court on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges. (2) On the trial of an issue on a plea of previous acquittal or conviction following a summary hearing in a District Court, a copy of the entry in the Criminal Record Book, and a copy of the information or charge sheet, and a copy of any notes made by the District Court Judge or Justices or Community Magistrate or Community Magistrates, if available, certified by the Registrar of the District Court, shall be admissible in evidence to prove or disprove the identity of the charges. Subsection (1) was amended, as from 1 May 1981, by section 11(1) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting the words “ on indictment in the High Court or in a District Court ” for the words “ in the High Court ” . Subsection (2) was amended, as from 1 May 1981, by section 11(2) Crimes Amendment Act (No 2) 1980 (1980 No 85) by inserting the words “ following a summary hearing ” . Subsection (2) was amended, as from 30 June 1998, by section 7 Crimes Amendment Act (No 2) 1998 (1998 No 79) by inserting the words “ or Community Magistrate or Community Magistrates ” . Subsection (2) was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court ” for the words “ Magistrate's Court ” . Subsection (2) was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court Judge ” for the word “ Magistrate ” .