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Act index » Chapter 3 - Summary procedure » Part 3.3 - Summary hearing » Division 3 - Sentence indication
61 Effect of sentence indication
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(a)the Magistrates' Court gives a sentence indication under section 60; and
(b)the accused pleads guilty to the charge for the offence at the first available opportunity—
the court, when sentencing the accused for the offence, must not impose a more severe type of sentence than the type of sentence indicated.
(2)If—
(a)the Magistrates' Court gives a sentence indication under section 60; and
(b)the accused 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.
(3)A sentence indication does not bind the Magistrates' Court on any hearing before the court constituted by a different magistrate.
(4)A decision to give or not to give a sentence indication is final and conclusive.
(5)An application for a sentence indication and the determination of the application are not admissible in evidence against the accused in any proceeding.
(6)This section does not affect any right to appeal against sentence.