A Magistrate must ensure an unrepresented defendant facing a likely sentence of imprisonment understands their procedural rights, including the right to an adjournment for legal advice, before proceeding to sentence; failure to do so constitutes a miscarriage of justice warranting the sentence being set aside. The imposition of a term of imprisonment where imprisonment is not an available sentencing option is itself a substantial miscarriage of justice, even where the sentence is concurrent with other lawful sentences.
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