Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SUMMARY PROCEDURE) ACT 2015 (NO 20 OF 2015) - SECT 12

After section 123

insert

123A     Late guilty plea not relevant for sentencing for offence

    (1)     This section applies if:

    (a)     an offender is charged with an offence in the Court of Summary Jurisdiction; and

    (b)     the offence is listed for a trial in the Court of Summary Jurisdiction; and

    (c)     a plea of guilty is received from the offender within 7 days before the date appointed for the trial.

    (2)     Despite section 5(2)(j), the court, in sentencing the offender, must not:

    (a)     have regard to the plea of guilty and the stage in the proceedings at which the offender pleaded guilty; and

    (b)     impose a sentence that is less severe than the sentence that the magistrate would have imposed but for the plea of guilty.

    (3)     Subsection (2) does not apply if the court is satisfied that the offender could not have pleaded guilty any earlier.