New South Wales Consolidated Acts

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CRIMINAL PROCEDURE ACT 1986 - SECT 166

Certification and transfer of back up and related offences

166 Certification and transfer of back up and related offences

(1) On committal for trial or sentence of a person charged with an indictable offence--
(a) the prosecutor must inform the Magistrate as to whether or not the person has been charged with any back up offence or related offence, and
(b) if the person has been charged with any back up offence or related offence--
(i) the prosecutor is to produce to the court a certificate specifying each back up offence and related offence with which the person has been charged, and
(ii) the proceedings on each back up offence and related offence with which the person has been charged are to be transferred to the court in which the person has been committed to trial or sentence (along with the certificate).
(2) This section does not prevent the person referred to in subsection (1) being charged with any offence after committal.
(3) Proceedings on a back up offence or related offence that are laid after committal for trial or sentence of a person charged with an indictable offence are to be transferred to the court in which the person has been committed to trial or sentence.



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