South Australian Consolidated Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 19

19—Limitations on sentencing powers of Magistrates Court

        (1)         The Magistrates Court does not, unless it is constituted of a Magistrate, have the power to impose a sentence of imprisonment.

        (2)         If the Court, constituted otherwise than by a Magistrate, is of the opinion that a sentence of imprisonment should be imposed in any particular case, it may remand the defendant to appear for sentence before the Court constituted of a Magistrate.

        (3)         The Magistrates Court does not have the power to impose—

            (a)         a sentence of imprisonment that exceeds 2 years; or

            (b)         a fine that exceeds $150 000.

        (4)         Subsection (3) applies whether the offence to which the sentence relates is a summary offence or a minor indictable offence.

        (5)         If the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (3), the Court may remand the defendant to appear for sentence before the District Court.



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