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Contents » Chapter 5 - TRIAL ON INDICTMENT PART 5.1—INTRODUCTION » Division 4 - Procedure for pre-trial orders and other decisions
Clause 209 Effect of sentence indication
(1)If— the court, when sentencing the accused for the offence, must not impose a sentence of imprisonment that commences immediately.
(a)the court indicates that it would not be likely to impose on the accused a sentence of imprisonment that commences immediately; and
(b)the accused pleads guilty to the charge for the offence at the first available opportunity—
(2)If— at trial the court must be constituted by a different judge, unless all the parties otherwise agree.
(a)the court gives a sentence indication under section 207; and
(b)the accused does not plead guilty to the charge for the offence at the first available opportunity—
(3)A sentence indication does not bind the court on any hearing before the court constituted by a different judge.
(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. __________________ PART 5.7—TRIAL