Forum for sentence
116 Forum for sentence
If—
a defendant pleads guilty to a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences); and
the prosecution and the defendant consent to the defendant being sentenced by the Magistrates Court, the
Magistrates Court is to determine and impose sentence itself unless the Court is of the opinion that the interests of justice require committal to a superior court.
Subject to this section, the Magistrates Court may sentence a person for a minor or major indictable offence in the same way as for a summary offence.
In determining and imposing sentence in relation to an indictable offence, the Magistrates Court is to observe procedural rules specifically applicable to indictable offences.
The rules may provide that specified provisions of this Act or any other
Act or law apply with necessary adaptations and modifications to sentencing by the Magistrates Court of a person charged with an indictable offence.
Where the Magistrates Court is to commit a defendant to a superior court for sentence, the following principles govern the choice of forum:
the defendant should be committed for sentence in the Supreme Court if—
the offence is treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences; or
the gravity of the offences justifies, in the opinion of the Magistrates
Court, committal to the Supreme Court;
in any other case, the defendant should be committed to the District
Court for sentence.
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