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Criminal Procedure Act 1986 No 209
Current version for 14 May 2020 to date (accessed 2 June 2020 at 05:22)
Division 8 Committal for trial or sentence
95 Committal timing generally
(1) The Magistrate in committal proceedings is to commit the accused person for trial or sentence—(a) after the case conference certificate is filed under Division 5, or(b) if a case conference is not required to be held in the proceedings, after the charge certificate is filed under Division 4.Note.The Magistrate may, at any time, adjourn the proceedings where it appears to the Magistrate to be necessary or advisable to do so (see sections 40 and 58 (a)).(2) Despite subsection (1), a Magistrate may commit an accused person for sentence—(a) before a charge certificate is filed, if the prosecutor required to file the charge certificate advises the Magistrate that the prosecutor consents to the accused person being committed for sentence for that offence, or(b) if a charge certificate has been filed but no case conference has yet been held.(3) This section does not prevent the Magistrate from committing an accused person for trial under Division 7.(4) Before committing an accused person under this section, the Magistrate must ascertain whether or not the accused person pleads guilty to the offences that are being proceeded with.
96 Committal for trial
(1) The Magistrate must commit an accused person for trial for an offence unless the Magistrate accepts a plea of guilty to the offence by the accused person.(2) In the case of an accused person that is a corporation that is to be committed for trial, the Magistrate is to make an order authorising an indictment to be filed for the offence named in the order or for such other offence as the Attorney General or the Director of Public Prosecutions considers proper.
97 Guilty pleas and committal for sentence
(1) An accused person may at any time in committal proceedings plead guilty to an offence.(2) The Magistrate may accept or reject a guilty plea.(3) The Magistrate must not accept a guilty plea before the time at which an accused person may be committed for sentence under section 95.(4) Rejection of a guilty plea does not prevent an accused person from pleading guilty at a later stage in the committal proceedings.(5) If the guilty plea is rejected by the Magistrate, the committal proceedings continue as if the accused person had not pleaded guilty.(6) If the guilty plea is accepted, the Magistrate must commit the accused person to the District Court or the Supreme Court for sentence.
98 Committal of unrepresented persons
If an accused person is not represented by an Australian legal practitioner, the Magistrate must not commit the accused person for trial or sentence unless the Magistrate is satisfied that the accused person has had a reasonable opportunity to obtain legal representation for, or legal advice about, the committal proceedings.
99 Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken
(1) If a guilty plea is accepted under this Part, the Attorney General or the Director of Public Prosecutions may, at their discretion, direct in writing that no further proceedings be taken against the accused person under this Part for the offence concerned.(2) No further proceedings may be taken against the accused person under this Part for the offence if a direction is given.Note.Section 44 requires the release of the accused person once a certificate is delivered to the Supreme Court after a direction is given.