New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 11

11 Prosecutor to notify Magistrate of decision

(1) Where a person to whom this Act applies appears before a Magistrate following any adjournment of the proceedings under section 9, the prosecutor shall inform the Magistrate as to whether the person is to be referred for assessment in relation to the person’s suitability for participation in the Program.

(2) The prosecutor is to inform the Magistrate that the person is not to be referred for assessment if the prosecutor has ascertained under section 10 that a place in the Program would not be available for the person if the person were to give an undertaking to participate in the Program.