New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 18

18 Act ceases to apply if plea of guilty rejected

(1) Where, upon being asked to plead to a charge as referred to in section 17 (1), a person pleads guilty, the Magistrate may accept or reject the plea under section 100 of the Criminal Procedure Act 1986 on such grounds as the Magistrate would have power to do so if this Act did not apply to the person.

(2) In determining whether to accept or reject a plea as referred to in subsection (1), a Magistrate may consider any papers or statements tendered to the Magistrate but shall not require any oral evidence to be given.

(3) Where the Magistrate does not accept a plea of guilty made by a person to a charge in respect of a child sexual assault offence, this Act shall cease to apply to the person in relation to that charge.