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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 90
Sentence indication
(1) In this section – victim has the same meaning as in
section 81A of the Sentencing Act 1997 .
(2) At any time during a case management hearing in respect of a charge
for a summary offence, the Court, on its own motion or on the application of
the prosecutor or defendant, may indicate the sentence that it would impose on
the entering of a plea of guilty to the charge or any alternative charge of
which the defendant could be found guilty.
(3) Before giving a sentence indication, the Court is to –(a) allow each victim in respect of the offence who would, had the defendant been convicted of the offence, be entitled to make a statement under section 81A(2) of the Sentencing Act 1997 to provide a written statement that –(i) gives particulars of any injury, loss or damage suffered by the victim as a direct consequence of the offence; and
(ii) describes the effects on the victim of the commission of the offence; and
(b) consider all such statements provided to the Court.
(4) The Court may allow a person to provide a statement under
subsection (3) on behalf of a victim if the Court considers it
appropriate and just in the circumstances.
(5) A decision to give, or refuse to give, a sentence indication does
not give rise to a review under Part 12 .
(6) If a sentence indication is given in respect of a charge for a
summary offence, the hearing of the charge, and any other related proceeding,
that occurs after the giving of the sentence indication is to be conducted by
the Court constituted differently to the Court that gave the sentence
indication.
(7) The giving of a sentence indication in respect of a charge for a
summary offence does not affect any right to apply for a review of a sentence
imposed in respect of a plea or finding of guilty to the charge.
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