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).