Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 61

    (1)     If—

        (a)     the Magistrates' Court gives a sentence indication under section 60; and

        (b)     the accused     pleads guilty to the charge for the offence at the first available opportunity—

the court, when sentencing the accused for the offence, must not impose a more severe type of sentence than the type of sentence indicated.

    (2)     If—

        (a)     the Magistrates' Court gives a sentence indication under section 60; and

        (b)     the accused does not plead guilty to the charge for the offence at the first available opportunity—

the court that hears and determines the charge must be constituted by a different magistrate, unless all the parties otherwise agree.

    (3)     A sentence indication does not bind the Magistrates' Court on any hearing before the court constituted by a different magistrate.

    (4)     A decision to give or not to give a sentence indication is final and conclusive.

    (5)     An application for a sentence indication and the determination of the application are not admissible in evidence against the accused in any proceeding.

    (6)     This section does not affect any right to appeal against sentence.

Division 4—Entering a plea