South Australian Numbered Acts South Australian Numbered Acts5—Insertion of Part 5 Division 3A
Part 5—after Division 3 insert:
Division 3A—Pleas to alternative offences and attempts in the Magistrates Court
115A—Pleas to alternative offences and attempts in the Magistrates Court
(1) If, in the Magistrates Court, a person pleads not guilty to an offence charged but guilty to—
(a) some other offence of which the person might be found guilty on trial for the offence charged; or
(b) an attempt to commit the offence charged,
and the plea of guilty is accepted by the prosecution, then the Court may—
(c) if the offence to which the person pleads guilty is a major indictable offence—commit the person to a superior court for sentence or sentence the person in accordance with section 116; or
(d) in any other case—sentence the person.
(2) If a person (having pleaded not guilty to an offence charged referred to in subsection (1)
) changes or withdraws a plea of guilty accepted under that subsection, nothing in this section is to be taken to prevent the filing of a fresh information in respect of the offence charged.