Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 375

    (1)     This section applies if a person is before the Magistrates Court charged with—

        (a)     a common law offence; or

        (b)     an offence punishable by imprisonment for a term not exceeding—

              (i)     if the offence relates to money or other property—14 years; or

              (ii)     in any other case—10 years; or

        (c)     if the person is a body corporate—an offence against the Work Health and Safety Act 2011

, section 31 (1); or

        (d)     an offence against the Criminal Code

—

              (i)     section 310 (Aggravated robbery); or

              (ii)     section 311 (1) (b) (Burglary); or

              (iii)     section 312 (Aggravated burglary).

Note     Under the Criminal Code

, s 311 (1) (b), a person commits an offence if the person enters or remains in a building as a trespasser with intent to commit an offence that involves causing harm, or threatening to cause harm, to anyone in the building.

    (2)     However, this section applies to a case to which section 374 applies only as mentioned in section 374 (6).

    (3)     The court may proceed in accordance with subsections (5) to (13) if—

        (a)     the court considers that it has no jurisdiction, apart from this section, to hear and determine the charge summarily; and

        (b)     for a charge that relates to money, or to property other than a motor vehicle—the court considers that the amount of the money or the value of the property does not exceed $30 000.

    (4)     To remove any doubt, for subsection (3) (b), property does not include real property or any building at which the offence charged was allegedly committed.

    (5)     The court may invite the person (the defendant ) to plead guilty or not guilty to the charge.

    (6)     If the defendant pleads guilty to the charge, the court may accept or reject the plea.

    (7)     The defendant is taken to have pleaded not guilty to the charge if—

        (a)     the defendant does not plead to the charge when invited to do so under subsection (5); or

        (b)     the court rejects a plea of guilty to the charge under subsection (6).

    (8)     When the court is satisfied the case is ready to be listed for hearing, the court must ask the defendant whether the defendant consents to the case being disposed of summarily.

    (9)     The court may hear and determine the charge summarily, and may sentence or otherwise deal with the defendant according to law, if—

        (a)     the defendant pleads, or is to be taken to have pleaded, not guilty to the charge; and

        (b)     the court considers that the case can properly be disposed of summarily; and

        (c)     the defendant consented to the case being disposed of summarily and the consent has not been withdrawn under section 375A; and

        (d)     if the charge is for an offence against the Criminal Code

, section 310 or section 312—the prosecutor also consents to the case being disposed of summarily.

    (10)     The court may sentence or otherwise deal with the defendant if—

        (a)     the court accepts a plea of guilty to a charge; and

        (b)     the court considers that the case can properly be disposed of summarily; and

        (c)     the defendant consented to the case being disposed of summarily and the consent has not been withdrawn under section 375A; and

        (d)     if the charge is for an offence against the Criminal Code

, section 310 or section 312—the prosecutor also consents to the case being disposed of summarily.

    (11)     Before the court decides whether a case can properly be disposed of summarily, the court must consider the following:

        (a)     any relevant representations made by the defendant;

        (b)     any relevant representations made by the prosecutor in the defendant's presence;

        (c)     whether, if the defendant were found guilty or the defendant's plea of guilty has been accepted by the court, the court is empowered under this section to impose an adequate penalty, taking into account the circumstances and the degree of seriousness of the case;

        (d)     any other circumstances that appear to the court to make it more appropriate for the case to be dealt with on indictment rather than summarily.

    (12)     If the court accepts a plea of guilty to a charge under this section, and—

        (a)     the court considers that the case cannot properly be disposed of summarily; or

        (b)     the defendant's consent to the case being disposed of summarily has been withdrawn under section 375A;

the Magistrates Court Act 1930

, section 90A (7) to (13) (Plea of guilty at committal hearing) applies in relation to the defendant as if the court had accepted a plea of guilty to the charge under that section.

    (13)     If the court disposes of a case summarily under this section and convicts the defendant of the offence, the court must not impose a penalty that exceeds—

        (a)     a fine of $15 000, imprisonment for 5 years or both; or

        (b)     if the maximum penalty provided for the offence by the law creating it is less than the penalty mentioned in paragraph (a)—the maximum penalty.

    (14)     In this section:

"Magistrates Court" does not include the Childrens Court.