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s 68D

Back-up and related offences

In force
Part 8Back-up and related offences

68D Back-up and related offences

(1)

This section applies in the following circumstances:

(a)

if the Magistrates Court commits an accused person for trial or sentencing to the Supreme Court under any of the following provisions of the Magistrates Court Act 1930:

(i)

section 88B (Court may waive committal proceedings);

(ii)

section 90A (7) (Plea of guilty at committal hearing);

(iii)

section 92A (1) (Committal for sentence for indictable offence tried summarily);

(iv)

section 94 (1) (b) (Discharge or committal for trial);

(v)

section 291G (2) (Childrens Court may send cases to Supreme Court for sentencing);

(b)

at the conclusion of the trial of an accused person for an indictable offence, or in the course of a sentencing proceeding.

(2)

The court must deal with any back-up or related offence with which the accused person has been charged if the court considers that it is in the interests of justice.

(3)

The court may deal with a back-up or related offence with which an accused person has been charged even though it is not doing so in relation to a back-up or related offence with which another accused person in the same proceedings is charged.

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