Australian Capital Territory Numbered Regulations

CRIMES (SENTENCING) AMENDMENT REGULATION 2006 (NO 1) (NO 25 OF 2006) - REG 8

insert

Schedule 1     Modification of Act, ch 10 (Transitional)

(see s 3)

[1.1]     New section 140A

insert

140A     References to charge —s 140

    (1)     A reference in section 140 to an offender being charged with an offence includes a reference to—

        (a)     an information or indictment (including an amended or substituted information or indictment) being filed in a court against the offender for the offence; and

        (b)     if the offender is committed under the Magistrates Court Act 1930 , section 90A (Plea of guilty in committal proceeding)—the Supreme court deciding to deal with the offender under section 90A (11) of that Act.

    (2)     For subsection (1), it does not matter whether a charge is filed in relation to an offence for which an earlier charge has been laid.

    (3)     If section 140 (1) applies to an offender because of subsection (2), and the charge was filed before the commencement of section 140, the charge must be disregarded for section 140 (2).