South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 105

105—Pre-committal hearings and documents

        (1)         A defendant charged with an indictable offence must be given the following documents at or before the defendant's first appearance in the Magistrates Court in relation to the charge (in accordance with any requirements imposed by the rules):

            (a)         a notice, in a form prescribed by the regulations, containing the matters specified in subsection (2) and such other matters as may be prescribed;

            (b)         a copy of the information;

            (c)         a brief description of the alleged offending (whether in the form of an extract from a police report relating to the alleged offence or otherwise);

            (d)         if the defendant is charged with a minor indictable offence—the appropriate form for electing for trial in a superior court.

        (2)         A notice referred to in subsection (1)(a) must provide the defendant with information about—

            (a)         sentencing reductions available under the sentencing laws in relation to guilty pleas; and

            (b)         the process for having the matter called on in a court for the purpose of entering a guilty plea.

        (3)         A document required to be given to the defendant under subsection (1) may be given to a person who is acting on behalf of the defendant.

        (4)         Failure to comply with subsection (1) does not affect any proceedings relating to the offence or offences.

        (5)         The Magistrates Court must, on adjourning the defendant's first appearance before the Court in relation to the charge, appoint a time and place for the defendant's second appearance before the Court in relation to the charge, having regard to any information provided by the prosecution as to the likely length of time the prosecution requires in order to obtain witness statements and other material prior to the next appearance (subject to any requirements applying under section 106).



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