New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 35A

35A Consultation with victim and police in relation to charge negotiations

(1) In this section:
"charge negotiations" means negotiations between the prosecution and an offender with respect to a plea of guilty in relation to an offence other than the offence or offences with which the offender has been charged or committed for trial.
"prosecution guidelines" means prosecution guidelines in relation to charge negotiations issued by the Director of Public Prosecutions.
"requisite consultation" means consultation with the victim and the police officer in charge of investigating an offence that complies with the applicable prosecution guidelines.
"victim" has the same meaning as it has in section 26.

(2) A court must not take into account offences specified in a list of additional charges under section 32 in relation to an offence, or any statement of agreed facts, that was the subject of charge negotiations unless the prosecutor has filed a certificate with the court verifying that:

(a) the requisite consultation has taken place or, if consultation has not taken place, the reasons why it has not occurred, and

(b) any statement of agreed facts arising from the negotiations tendered to the court constitutes a fair and accurate account of the objective criminality of the offender having regard to the relevant and provable facts or has otherwise been settled in accordance with the applicable prosecution guidelines.

(3) The certificate must be signed by or on behalf of the Director of Public Prosecutions.

(4) A certificate is taken to be signed on behalf of the Director of Public Prosecutions if it is signed by a person:

(a) who is authorised to do so by means of a written order signed by the Director of Public Prosecutions or who belongs to a class of persons so authorised, or

(b) who is prescribed by the regulations or who belongs to a class of persons so prescribed.

(5) The court may require the prosecution to explain the reason for a failure to file a certificate when it is required by this section to do so.