South Australian Current Acts South Australian Current Acts (1) If the defendant
pleads guilty at the committal appearance, an answer charge hearing will not
be required and the Magistrates Court may (subject to
section 116(1))—
(a)
determine and impose sentence on the defendant; or
(b)
commit the defendant to a superior court for sentence.
(2) If the defendant
does not plead guilty—
(a) the
prosecution must provide the Court with information as to the witness
statements and other material to be obtained for the purposes of completion of
the committal brief in accordance with the requirements of section 111
and the time within which it is expected that the committal brief can be
completed; and
(b) the
defendant must be given an opportunity to respond to the information provided
by the prosecution and to advise the Court whether any negotiations are taking
place with the prosecution or provide the Court with information as to any
other relevant matter; and
(c) the
Court must adjourn the proceedings and appoint a time and place for the
answer charge hearing, ensuring that sufficient time is allowed for the
completion of the committal brief in accordance with the requirements of
section 111.
(3) If the defendant
advises the Court that negotiations are taking place with the prosecution, the
defendant may, at any time within the period of 4 weeks after the committal
appearance, have the matter called on in the Magistrates Court for the purpose
of entering a guilty plea in relation to the charge (and in such a case the
defendant will, for the purposes of this Act and the sentencing law, be
treated as if the defendant had pleaded guilty at the committal appearance).