Withdrawal of consent to summary disposal of case
375A Withdrawal of consent to summary disposal of case
A defendant’s consent to summary disposal of a case can be withdrawn only if—
for consent under section 375 (8)—the Magistrates Court grants leave under this section; or
for consent under section 375AA (7)—the Childrens Court grants leave under this section.
The defendant may apply to the court for leave to withdraw the consent.
However, an application may not be made if a prosecution witness has given evidence in person at the hearing.
The court may grant leave only if satisfied on reasonable grounds that—
a significant change in relation to the defendant or the case happened after the consent was given; and
granting the leave is justified in all the circumstances.
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