A sentencing court will consider a defendant's criminal history when determining an appropriate sentence. Previous offences that are similar in nature to the offence for which the defendant is to be sentenced will be considered most relevant. For example, if the offence they are being sentenced for is theft, any offences involving dishonesty are most relevant.

Some prior offending can have a significant effect on sentencing. A court sentencing a defendant for a second or subsequent child sex offence, for example, may have no choice but to order their indefinite detention (see Indeterminate detention - Serious child sex offenders for more information). There are also specific rules that apply when a court is sentencing a serious repeat offender.

The prosecutor will tell the court of any offences that have been proved against the defendant in the past. This may include conduct that occurred when the person was a youth, and may include matters where no conviction was recorded but the charge was proved. Family conferences and informal or formal cautions as a youth are not considered to be prior offences for sentencing purposes.

The defendant should been given the details by the prosecutor of what they intend to provide to the court, and the defendant should check them for accuracy before they tendered as evidence in court.