South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 57A

57A—Rules may make provision for written guilty pleas

        (1)         The Magistrates Court may make rules to provide for a person against whom an information has been laid for an offence that is not punishable by imprisonment (either for a first or subsequent offence) to elect to plead guilty to the offence without appearing in the Court in obedience to a summons.

        (2)         Without limiting the generality of subsection (1), the rules may make provision for any of the following matters:

            (a)         the forms of information and summons;

            (b)         the manner in which an information or summons is to be given or sent to, or served on, a person;

            (c)         the manner in which a plea of guilty may be made and given to the Magistrates Court;

            (d)         any other matter that is, in the opinion of the Court, necessary or expedient for the purposes of this section.

        (3)         A defendant who returns a form in which the defendant pleads guilty in accordance with the rules need not attend the Magistrates Court as directed by the summons.

        (4)         If a defendant who has been served with forms of information and summons in accordance with the rules fails to return a form pleading guilty in accordance with the rules, and fails to appear in obedience to the summons, the Magistrates Court may, subject to section 62B, proceed to exercise its powers under section 62(1)(a) or (b).

        (5)         This section does not apply in relation to a defendant who is a child within the meaning of the Young Offenders Act 1993 except where the defendant

            (a)         is of or above the age of 16 years; and

            (b)         is charged with an offence under the Road Traffic Act 1961 .



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