CRIMINAL PROCEDURE ACT 2004 - SECT 41

CRIMINAL PROCEDURE ACT 2004 - SECT 41

41 .         Charges that are to be tried on indictment

        (1)         This section applies if —

            (a)         the charge must be tried on indictment; or

            (b)         under The Criminal Code section 5 or any other written law, the court has decided that the charge, being an either way charge, is to be tried on indictment.

        (2)         The court must —

            (a)         tell the accused that he or she is not required to plead to the charge; and

            (b)         give the accused the opportunity to plead to the charge.

        (3)         If the accused pleads guilty to the charge, the court, without convicting the accused, must commit the accused for sentence to a superior court with jurisdiction to deal with the charge, and comply with section 47(1).

        (4)         If the accused enters any plea other than a plea of guilty or does not plead to the charge, the court must adjourn the charge to a disclosure/committal hearing on a new court date that allows a reasonable time for the prosecutor to comply with section 42.