Criminal Procedure Act 2009

In this section course of conduct charge has the same meaning as in clause 4A of Schedule 1.

This section applies if the charge on an indictment is a course of conduct charge and the accused—

would plead guilty to the charge if it related only to a specified period falling within the period to which the charge relates; and

would plead not guilty to the charge insofar as it relates to any other period within the period to which the charge relates.

The accused must, at a directions hearing or otherwise, advise the court of the matters referred to in subsection (2) as soon as possible after deciding how to plead to the charge on the indictment.

If an accused advises the court in accordance with subsection (3) and the court is satisfied that, having regard to that advice, it is not appropriate for the accused to be arraigned, the accused must not be arraigned at a directions hearing pending the filing of a fresh indictment or the making of a decision to proceed with the indictment as already filed.

If a fresh indictment is filed against the accused containing a charge relating only to the specified period referred to in subsection (2)(a) and the accused does not plead guilty to the charge on that indictment, a further fresh indictment may be filed containing the original charge or an amended version of that charge.

The accused may be arraigned on that further fresh indictment unless the court considers that it is not in the interests of justice to do so.