South Australian Numbered Acts

STATUTES AMENDMENT (ATTORNEY-GENERAL'S PORTFOLIO) ACT 2012 (NO 17 OF 2012) - SECT 4

4—Amendment of section 285BA—Power to serve notice to admit facts

        (1)         Section 285BA(1) to (3) (inclusive)—delete the subsections and substitute:

        (1)         If a defendant is to be tried on information, the Director of Public Prosecutions may serve on the defence a notice to admit specified facts.

        (2)         The Director of Public Prosecutions must not, without the permission of the court, serve such a notice on a defendant who is unrepresented.

        (3)         The notice must—

            (a)         specify that it is to be complied with within a specified time or within a time fixed by the court on application by the defence; and

            (b)         contain a warning, in the prescribed form, to the effect that, if the defendant is convicted, the court is required to take an unreasonable failure to make an admission in response to the notice into account in fixing sentence.

        (2)         Section 285BA(5)—delete the subsection