The requirement under s 101(1)(a) of the Justices Act 1902 (WA) for a magistrate to tell a defendant that he or she is not required to plead is a mandatory jurisdictional prerequisite for the exercise of the power to commit for sentence under the fast-track procedure. Non-compliance renders the committal an excess of jurisdiction susceptible to certiorari. The receipt of a Form 10 containing general advice does not cure the defect. The existence of a discretion to change a plea in the superior court does not provide a 'more convenient and satisfactory remedy' sufficient to warrant withholding certiorari, given that such discretion is exercised only exceptionally.
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