Courts of summary jurisdiction, particularly those constituted by Justices of the Peace, must ensure unrepresented defendants are informed of their rights including the right to legal advice, adjournment, and to make submissions on penalty. The responsibility rests with the Court, not the prosecuting officer. Failure to consider the sentencing options in s 39(2) of the Sentencing Act 1995 (WA), including spent conviction orders under s 45, constitutes a miscarriage of justice. Where no recording facilities are available, Justices must ensure notes of reasons are made.
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