New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 59

59 Explanation of committal process and discount for guilty plea

(1) The Magistrate in committal proceedings must give the accused person--

(a) if the accused person is not represented by an Australian legal practitioner in the committal proceedings--an oral and written explanation of the following matters--

(i) the committal process under this Part, including charge certification and committal for trial or sentence,

(ii) the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea, or

(b) if the accused person is so represented--

(i) a written explanation of the committal process under this Part, including charge certification, case conferences and committal for trial or sentence, and

(ii) an oral and written explanation of the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea.

(2) The explanations must be given--

(a) if a case conference is required to be held, after the charge certificate is filed and before the first day on which a case conference is held, or

(b) in any other case, after the charge certificate is filed and before the day on which the accused person is committed for trial or sentence.

(3) The explanations are to include the matters prescribed by the regulations for the purposes of this section.

(4) The Magistrate is not required to give an explanation of the scheme for the sentence discount in a case concerning an offence under a law of the Commonwealth.

(5) A failure by a Magistrate to comply with this section does not affect the validity of anything done or omitted to be done by the Magistrate or any other person in or for the purposes of the committal proceedings.