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Procedure on indictment containing counts charging previous conviction

Cap. 96, s. 102 · Revised Edition 2020

(1) Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment, nor shall that count be mentioned to the jury when the accused person is given in charge to them, or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts. (2) If the accused person is convicted on any other part of the indictment, he shall be asked whether he has been previously convicted as alleged or not 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 causes.
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