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CRIMINAL PROCEDURE ACT 2009 - SECT 60 Court may give sentence indication

CRIMINAL PROCEDURE ACT 2009 - SECT 60

Court may give sentence indication

    (1)         At any time during a proceeding for a summary offence or an indictable offence that may be heard and determined summarily, the Magistrates' Court may indicate that, if the accused pleads guilty to the charge for the offence at that time, the court would be likely to impose on the accused—

        (a)     a sentence of imprisonment that commences immediately; or

        (b)     a sentence of a specified type.

Note

Section 126 of the Magistrates' Court Act 1989 enables the court to close a proceeding to the public.

S. 60(2) inserted by No. 49/2012 s. 4.

    (2)     Without limiting its discretion under subsection (1), the Magistrates' Court may decide not to give a sentence indication under subsection (1) if the Magistrates' Court considers there is insufficient information before it of the impact of the offence on any victim of the offence.

Note

Under section 5(2)(daa) of the Sentencing Act 1991 , in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.