Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 50A

Sentence indication

50A. 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 Court may indicate
that, if the defendant pleads guilty to the charge for the offence at that
time, the Court would be likely to impose on the defendant-

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

   (b)  a sentence of a specified type.







(2) If-

   (a)  the Court gives a sentence indication under subsection (1); and

   (b)  the defendant pleads guilty to the charge for the offence at the first
        available opportunity-

the Court, when sentencing the defendant for the offence, must not impose a
more severe type of sentence than the type of sentence indicated.

(3) If-

   (a)  the Court gives a sentence indication under subsection (1); and

   (b)  the defendant does not plead guilty to the charge for the offence at
        the first available opportunity-

the Court that hears and determines the charge must be constituted by a
different magistrate, unless all the parties otherwise agree. Note Section 126
enables the Court to close a proceeding to the public.

(4) A sentence indication does not bind the Court on any hearing before the
Court constituted by a different magistrate.

(5) A decision to give or not to give a sentence indication is final and
conclusive.

(6) An application for a sentence indication and the determination of the
application are not admissible in evidence against the defendant in any
proceeding.

(7) This section does not affect any right to appeal against sentence.



Subdivision 2-Summary offences