Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 109

Attendance before Court for indictable offence following adjournment
(1)  On the attendance before the Court of a defendant charged with an indictable offence following an adjournment of the proceedings under section 107(5)  –
(a) if the defendant has not entered a plea, he or she is to plead to the offence as specified in section 110 ; and
(b) if the charge is one in respect of which –
(i) the defendant, under section 101 or a provision of another Act, is entitled to elect to have the offence dealt with either by the Court or the Supreme Court but the defendant has not made that election, the defendant is to make that election; or
(ii) the Court, under a provision of another Act, may determine that the offence be dealt with either by the Court or the Supreme Court but the Court has not made that determination, the Court is to make that determination –
unless the Court determines that, in the particular circumstances, the interests of justice require that proceedings be further adjourned before the defendant be required to make an election or plead to the charge or the Court be required to make that determination.
(2)  If –
(a) the Court determines under subsection (1) that the defendant is not required to make an election or plead to the charge, or that the Court is not required to make a determination; and
(b) the proceedings are further adjourned –
that subsection applies to the next attendance of the defendant before the Court.



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