Pending charges, court may deal with
33 Pending charges, court may deal with
When a list of pending charges has been prepared and served, the superior court must ask the offender —
to plead to any of the pending charges listed which the offender has not previously been convicted of; and
to say if he or she wants the superior court to also pass sentence for each of those pending charges that he or she is convicted of.
If the State consents and the superior court considers that it is just to do so, it may, in addition to sentencing the offender for the original offence, also sentence the offender for each of the pending charges the offender is convicted of and wants dealt with.
A sentence imposed by a superior court on a person for a pending charge is to be taken, for the purposes of an appeal against sentence, as being a sentence imposed following conviction on indictment.
A pending charge that was not dealt with by the superior court may be dealt with by the court before which it was pending.
If an offender pleaded guilty before the superior court to a pending charge but it was not dealt with by that court, the plea is not admissible in any proceedings for that charge.
[Section 33 amended: No. 41 of 2006 s. 79.]
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