Northern Territory Consolidated Acts

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JUSTICES ACT - SECT 106A

Powers of Magistrate to take plea of guilty without evidence

    (1)     Where the defendant appears before a Magistrate and the information charges the defendant with an offence cognisable by a Magistrate under section 120 or 121A, or both, the defendant at any stage of the proceedings, and whether any statement has been taken from any witness or not, may plead guilty to the offence or any of the offences charged against him or her, and the Magistrate at the commencement of the proceedings is to inform the defendant of his or her right so to plead.

    (2)     If the defendant pleads guilty to such an offence:

        (a)     the Magistrate shall, in relation to that offence, be the Court of Summary Jurisdiction within the meaning of this Act; and

        (b)     the procedure and powers of the Court shall be the same, and the provisions of this Act shall apply, as if the charge were a complaint for a simple offence under this Act; and

        (c)     sections 130A, 131, 132 and 133 shall, so far as they are applicable, apply in respect of the offence,

but the plea of guilty may be withdrawn as provided in subsection (3).

    (3)     If after the defendant has so pleaded guilty to an offence, the Magistrate, on consideration of any facts stated by the prosecution or given in evidence, is of the opinion that the time for taking the plea should be postponed, the Magistrate may order that the plea of guilty be withdrawn and thereupon all further proceedings in respect of the offence are to be conducted in accordance with this Part; but if any such further proceedings are taken the defendant is not, by reason of his or her plea of guilty, entitled to plead autrefois convict .



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