Crimes (Sentencing) Act 2005

This section applies if—

the court declines to make a treatment order for a particular offender; and

the offence for which the offender is to be sentenced could have been dealt with summarily by the Magistrates Court; and

the offender was committed to the court only because the offender refused consent to the offence being dealt with summarily by the Magistrates Court.

The offender or the director of public prosecutions may apply to the court for an order to remit the proceeding for the offence to the Magistrates Court.

The court must make the order if it is satisfied that the offender refused consent to the offence being dealt with summarily for the purpose of seeking assessment for a treatment order.

The court may otherwise make the order if it is satisfied the order is in the interests of justice.

If the court makes an order under this section, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

the offender; and

any other person who the court considers should receive the notice.

Failure to comply with subsection (5) does not invalidate the order.