New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 17

17 Act ceases to apply if person does not plead guilty before Magistrate

(1) Where:

(a) a person to whom this Act applies appears before a Magistrate following any adjournment of the proceedings under section 13 and is charged with a child sexual assault offence (whether or not that offence is the offence originally charged), and

(b) the prosecutor informs the Magistrate that the person has been assessed as being suitable for participation in the Program,

the person shall, before any evidence is given in those proceedings, be asked to plead to the charge.

(2) Where, upon being asked to plead to a charge as referred to in subsection (1), a person pleads guilty, the Magistrate shall, before accepting or rejecting the plea, consider:

(a) whether the person has received such advice (including legal advice) as the Magistrate thinks proper in the circumstances, and

(b) whether the person understands the purpose of the Program and the effect of giving undertakings under this Act,

and may adjourn the proceedings for a period, not exceeding the period prescribed for the purposes of this section, to allow that advice and information to be given to the person.

(3) Except as provided by subsection (4), where, upon being asked to plead to a charge as referred to in subsection (1), a person pleads not guilty or refuses to plead, this Act shall cease to apply to the person in relation to that charge.

(4) Where, upon being asked to plead to a charge as referred to in subsection (1), a person does not plead guilty to that charge but, instead, pleads guilty to another child sexual assault offence and the plea in respect of the other offence is accepted by the Magistrate:

(a) this Act shall not cease to apply to the person by reason only of the person’s failure to plead guilty to the original charge, and

(b) subject to any other provision of this Act, this Act shall continue to apply to the person in respect of the offence to which the plea of guilty was made as if that offence had been the offence originally charged.