New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985 - SECT 22

22 Act ceases to apply if person does not plead guilty before Supreme Court or District Court etc

(1) Except as provided by subsection (2), where a person to whom this Act applies who is charged with a child sexual assault offence appears before the Supreme Court or the District Court and:

(a) does not plead guilty to the charge, or

(b) refuses to give an undertaking to the court under section 23,

this Act shall cease to apply to the person in relation to that charge.

(2) Where a person appearing before the Supreme Court or the District Court as referred to in subsection (1) in relation to a charge does not plead guilty to that charge but, instead, pleads guilty before trial to another child sexual assault offence and the plea in respect of the other offence is accepted by the prosecution:

(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.