New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 104

104 Higher court may refer accused person back to Magistrate

(1) A Judge of the District Court or the Supreme Court before whom an accused person is brought under this Division may order that the committal proceedings be continued before a Magistrate if:

(a) it appears to the Judge from the information or evidence given to or before the Judge that the facts in respect of which the court attendance notice was issued do not support the offence to which the accused person pleaded guilty, or

(b) the prosecutor requests the order be made, or

(c) for any other reason, the Judge thinks fit to do so.

(2) On the resumption of the committal proceedings, the committal proceedings continue as if the person had not pleaded guilty.