Nauru

Criminal Procedure Act 1972

PART IV - PROVISIONS RELATING TO CRIMINAL PROCEEDINGS

98 How a previous conviction may be proved

(1) In any trial or other proceeding under this Act, a previous conviction in Nauru may be proved by a copy of the sentence or order certified as such under the hand of the Registrar or Clerk, as the case may be, of the Court in which the conviction was had together with evidence as to the identity of the accused person with the person so convicted, or by any other mode provided by any law for the time being in force.

(2) A certificate in the form prescribed by the Minister given under the hand of a person appointed by the Minister in that behalf who shall have compared the fingerprints of a person previously convicted shall be prima facie evidence of all facts therein set forth, provided that it is produced by the person who took the fingerprints of the accused.

(3) A previous conviction in any place outside Nauru may be proved by the production of a certificate purporting to be given under the hand of a police officer in the country where the conviction was had containing a copy of the sentence or order and the fingerprints or photographs of the fingerprints of the person so convicted, together with evidence that the fingerprints of the person so convicted are those of the accused person. Such a certificate shall be prima facie evidence of all facts therein set forth without proof that the officer purporting to sign it did in fact sign it, was a police officer and was empowered so to do.

Keywords

Ne bis in idem



EDIT.