CRIMINAL PROCEDURE ACT 1986 - SECT 95 Committal timing generally

CRIMINAL PROCEDURE ACT 1986 - SECT 95

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.