{"id":"BILL-ACT-db-73575","name":"Magistrates Court (Indicative Sentencing) Amendment Bill 2025","slug":"magistrates-court-indicative-sentencing-amendment-bill-2025","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-10-30","administeringDepartment":null,"currentVersion":{"id":457657,"registerId":"BILL-ACT-db-73575:current","compilationNumber":null,"startDate":"2025-10-30","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:57.877Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Magistrates Court (Indicative Sentencing) Amendment Bill 2025\n\nJ2025-332\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nMagistrates Court (Indicative\nSentencing) Amendment Bill 2025\nContents\nPage\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Definitions for ch 3\nSection 18A, new definition of sexual offence 2\n5 New division 3.4.1A 3\n6 Sections 90AA (9) and 90AB (3) 14\n7 Dictionary, new definitions 14\nSchedule 1 Crimes (Sentencing) Act 2005—\nConsequential amendments 15\n\nJ2025-332\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nMagistrates Court (Indicative\nSentencing) Amendment Bill 2025\nA Bill for\nAn Act to amend the Magistrates Court Act 1930, and for other purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nSection 1\npage 2 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act1\nThis Act is the Magistrates Court (Indicative Sentencing) Amendment2\nAct 2025.3\n2 Commencement4\nThis Act commences 6 months after its notification day.5\nNote The naming and commencement provisions automatically commence on6\nthe notification day (see Legislation Act, s 75 (1)).7\n3 Legislation amended8\nThis Act amends the Magistrates Court Act 1930.9\nNote This Act also amends the Crimes (Sentencing) Act 2005 (see sch 1).10\n4 Definitions for ch 311\nSection 18A, new definition of sexual offence12\ninsert13\nsexual offence means an offence against any of the following14\nprovisions of the Crimes Act:15\n(a) part 3 (Sexual offences);16\n(b) part 3A (Intimate image abuse);17\n(c) part 4 (Female genital mutilation);18\n(d) part 5 (Sexual servitude).19\n\nSection 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 New division 3.4.1A1\ninsert2\nDivision 3.4.1A Sentence indications3\n55 Application—div 3.4.1A4\nThis division applies to any proceeding that the Magistrates Court has5\njurisdiction to hear and decide, other than a proceeding—6\n(a) for a family violence offence, a sexual offence or an offence7\nagainst the Road Transport (Safety and Traffic Management)8\nAct 1999, section 6 (1) (a); or9\n(b) within the jurisdiction of the Childrens Court; or10\n(c) for an offence prescribed by regulation.11\nNote An offence against the Road Transport (Safety and Traffic Management)12\nAct 1999, s 6 (1) (a) is an offence of negligent driving that occasions13\ndeath.14\n56 Definitions—div 3.4.1A15\nIn this division:16\nindicated sentence means the sentence the court indicates it would17\nimpose under a sentence indication.18\nsentence indication—see section 57 (1).19\nvictim impact statement—see the Crimes (Sentencing) Act 2005,20\nsection 47.21\n57 Applications for sentence indication22\n(1) A person charged with an offence (the defendant) may apply to the23\nMagistrates Court for an indication of the sentence that the court24\nwould likely impose on the defendant if they were to plead guilty to25\nthe charge for the offence (a sentence indication).26\n\nSection 5\npage 4 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The application may be made at any time during the proceeding for1\nthe offence up to and including the first day of the hearing of the2\ncharge for the offence.3\n(3) The defendant’s legal representative must give the court written4\nnotice of the defendant’s intention to apply for a sentence indication5\nat least 5 working days before the application is made.6\n(4) If notice is not given in accordance with subsection (3), the court must7\nadjourn the proceeding for the offence for at least 5 working days.8\n(5) However, subsections (3) and (4) do not apply if a defendant applies9\nfor a sentence indication within 5 days of the first day of the hearing10\nof the charge for the offence.11\n(6) The defendant may withdraw their application for the court to give12\nthe defendant a sentence indication at any time before the indicated13\nsentence is given.14\n(7) A defendant may apply for a sentence indication more than once in a15\nproceeding, but not more than 3 times in relation to a charge for an16\noffence.17\n(8) However, a sentence indication may be given only once in relation to18\na charge for an offence, unless—19\n(a) there has been a material change in relation to the charge since20\nthe court provided an indicated sentence; or21\nExamples—material change22\n1 defendant charged with a different offence23\n2 brief of evidence about the offence served on defendant24\n3 prosecutor’s disclosure of information, a document or another thing that25\nhas not previously been given to the defendant26\n(b) an indicated sentence is revised under section 61D.27\n\nSection 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n58 Prosecution’s election about whether sentence indication1\nmay be given2\n(1) If a defendant has applied for a sentence indication in a proceeding3\nfor an offence, the prosecution may, within the time required under4\nsubsection (2), elect whether or not it consents to a sentence5\nindication being given.6\n(2) An election under subsection (1) must be made before the later of—7\n(a) the second time the proceeding for the offence is before the8\ncourt; and9\n(b) 21 days after the first time the proceeding for the offence is10\nbefore the court.11\n(3) The court must not grant a defendant’s application for a sentence12\nindication before the time required under subsection (2) has ended if13\nthe prosecution has not made an election under subsection (1).14\n(4) If the prosecution elects that it consents to a sentence indication, the15\ncourt must grant the defendant’s application for a sentence indication16\nand deal with the application in accordance with this division.17\n(5) If the prosecution elects not to consent to the court giving a sentence18\nindication, the court must not grant the defendant’s application for a19\nsentence indication.20\n(6) If the prosecution does not make an election within the time required21\nunder subsection (2), the court may grant the defendant’s application22\nfor a sentence indication and deal with the application in accordance23\nwith this division.24\n(7) If a defendant applies for a sentence indication more than once in a25\nproceeding, the prosecution may make an election under26\nsubsection (1) for each application.27\n\nSection 5\npage 6 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n59 Information for court to consider before giving sentence1\nindication2\n(1) If the Magistrates Court grants a defendant’s application for a3\nsentence indication, the court must consider the following4\ninformation before deciding the indicated sentence:5\n(a) a statement of agreed facts on which the charge for the offence6\nis based;7\n(b) the defendant’s criminal history;8\n(c) if there is a complainant for the offence—9\n(i) any victim impact statement prepared by or for the10\ncomplainant; and11\n(ii) whether the prosecution believes there is sufficient12\ninformation about the harm suffered by the complainant13\nfor the court to give a sentence indication.14\n(2) The court may also consider any additional information the court15\nconsiders relevant to sentencing the defendant for the offence.16\n60 Court’s discretion to not give sentence indication17\n(1) The Magistrates Court may decide to not give a defendant a sentence18\nindication if the court—19\n(a) believes it does not have sufficient information; or20\n(b) otherwise considers that a sentence indication would not be21\nappropriate.22\n(2) In deciding to not give a sentence indication, the court must consider23\nthe effect not giving a sentence indication will have on any24\ncomplainant in relation to the offence.25\n\nSection 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61 Explanation of process for and effect of sentence1\nindications2\n(1) Before giving a defendant a sentence indication, the Magistrates3\nCourt must explain to the defendant the process for, and effect of,4\ngiving a sentence indication, including—5\n(a) that the defendant may withdraw their application for the6\nsentence indication at any time before the indicated sentence is7\ngiven; and8\n(b) the effect of sections 61A, 61B and 61C; and9\n(c) that an inference of guilt will not be drawn if the defendant—10\n(i) withdraws their application for the sentence indication; or11\n(ii) does not accept the indicated sentence; and12\n(d) the maximum penalty for the offence charged; and13\n(e) that, if the defendant accepts an indicated sentence and the14\nsentence imposed on the defendant for the offence is appealed,15\na more severe sentence may be imposed.16\n(2) The court must also recommend that an unrepresented defendant17\nobtain their own legal advice in relation to whether to accept or reject18\nan indicated sentence.19\n61A Acceptance or rejection of sentence indication20\n(1) If the Magistrates Court gives a defendant a sentence indication, the21\ndefendant must accept or reject the indicated sentence—22\n(a) if the defendant applies for the sentence indication before the23\nfirst day of the hearing of the charge for the offence—by the24\nearlier of—25\n(i) the day determined by the court; and26\n\nSection 5\npage 8 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the day that is 7 days after the day the indicated sentence1\nis given; or2\n(b) if the defendant applies for the sentence indication on the3\nfirst day of the hearing of the charge for the offence—by the4\ntime on that day determined by the court.5\n(2) The day determined by the court under subsection (1) (a) must be not6\nlater than the first day of the hearing of the charge for the offence.7\n(3) The indicated sentence is taken to have been rejected by the defendant8\nif—9\n(a) the defendant fails to accept or reject the indicated sentence in10\naccordance with subsection (1); or11\n(b) if the defendant accepts the indicated sentence in accordance12\nwith subsection (1)—the court is not satisfied the defendant has13\nreceived, or had a reasonable opportunity to receive, legal14\nadvice about the indicated sentence.15\n61B Effect of rejected sentence indication16\n(1) This section applies if—17\n(a) the Magistrates Court gives a defendant an indicated sentence in18\nrelation to a charge for an offence; and19\n(b) the defendant rejects, or is taken to have rejected, the indicated20\nsentence.21\n(2) The court that hears and decides the charge—22\n(a) must be constituted by a magistrate other than the magistrate23\nwho gave the sentence indication (the original magistrate)24\nunless—25\n(i) the original magistrate had already been assigned to hear26\nthe charge for the offence when the defendant applied for27\nthe sentence indication; or28\n\nSection 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) all the parties to the proceeding otherwise agree; and1\n(b) is not bound by the indicated sentence if imposing a sentence on2\nthe defendant for the offence.3\n61C Effect of accepted sentence indication4\n(1) This section applies if—5\n(a) the Magistrates Court gives a defendant an indicated sentence in6\nrelation to a charge for an offence; and7\n(b) the defendant accepts the indicated sentence.8\n(2) If the defendant pleads guilty to the charge for the offence, the court9\nmust not impose a sentence more severe than the indicated sentence.10\n(3) If, despite having accepted the indicated sentence, the defendant does11\nnot plead guilty to the charge for the offence, the court that hears and12\ndecides the charge—13\n(a) must be constituted by a magistrate other than the magistrate14\nwho gave the sentence indication (the original magistrate)15\nunless—16\n(i) the original magistrate had already been assigned to hear17\nthe charge for the offence when the defendant applied for18\nthe sentence indication; or19\n(ii) all the parties to the proceeding otherwise agree; and20\n(b) is not bound by the indicated sentence if imposing a sentence on21\nthe defendant for the offence.22\n(4) There is no right of appeal against an indicated sentence.23\n(5) A sentence indication given to a defendant in relation to a charge for24\nan offence does not affect any party’s right to appeal against a25\nsentence imposed on the defendant for the offence.26\n\nSection 5\npage 10 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61D Court may revise sentence indication1\n(1) The Magistrates Court may, at any time before a defendant is2\nsentenced, revise an indicated sentence if there has been a change in3\ncircumstances that the court considers would result in a different4\nsentence than the indicated sentence being imposed.5\n(2) Before revising an indicated sentence, the court must—6\n(a) be satisfied that the indicated sentence would not, as a result of7\nthe change in circumstances, be an appropriate sentence; and8\n(b) tell the defendant that the court would likely impose a different9\nsentence than the indicated sentence.10\n(3) If the court revises an indicated sentence after the defendant pleads11\nguilty to the offence, the defendant may withdraw the plea of guilty.12\n(4) An indicated sentence may be revised under this section only if the13\ncourt is constituted by the magistrate who gave the sentence14\nindication (the original magistrate).15\n(5) However, the indicated sentence may be revised by the court16\nconstituted by another magistrate if the original magistrate is unable17\nto revise the indicated sentence because the magistrate—18\n(a) dies; or19\n(b) resigns; or20\n(c) becomes mentally or physically incapacitated, if the incapacity21\nsubstantially affects the exercise of their functions; or22\n(d) is otherwise unlikely to be able to constitute the court within a23\nreasonable time.24\n\nSection 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61E Sentence indication information inadmissible etc1\n(1) If a defendant has applied for a sentence indication in a proceeding2\nfor an offence (the primary proceeding), evidence of the following is3\ninadmissible in the primary proceeding or in any other criminal or4\ncivil proceeding:5\n(a) the defendant’s application for a sentence indication;6\n(b) the indicated sentence for the defendant;7\n(c) if there is a complainant for the offence—any victim impact8\nstatement prepared by or for the complainant.9\n(2) However, evidence mentioned in subsection (1) (a) or (b) is10\nadmissible in a proceeding in the following circumstances:11\n(a) if the primary proceeding for the offence has been finally12\ndecided—the defendant—13\n(i) accepted the indicated sentence; and14\n(ii) has been sentenced for the offence; or15\n(b) if the primary proceeding for the offence has not been finally16\ndecided—17\n(i) a court hearing a proceeding considers the evidence18\nadmissible in the proceeding; and19\n(ii) the defendant consents to the admission of the evidence.20\n(3) Also, evidence mentioned in subsection (1) (c) is admissible in a21\nproceeding (whether or not the primary proceeding for the offence22\nhas been finally decided) if—23\n(a) a court hearing the proceeding considers the evidence24\nadmissible in the proceeding; and25\n(b) the complainant consents to the admission of the evidence.26\n\nSection 5\npage 12 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n61F Restriction on publication of sentence indication matters1\n(1) This section applies if—2\n(a) a defendant applied for a sentence indication in a criminal3\nproceeding; and4\n(b) any of the following apply:5\n(i) the court has not decided whether the defendant is guilty6\nor not guilty of the offence;7\n(ii) the court finds the defendant not guilty of the offence or8\nthe proceeding otherwise ends without a finding of guilt;9\n(iii) if the defendant is found guilty of the offence—10\nthe defendant has not been sentenced for the offence.11\n(2) A person commits an offence if the person publishes information12\nabout any of the following:13\n(a) the defendant applying for a sentence indication;14\n(b) particulars of the defendant’s application for a sentence15\nindication;16\n(c) the indicated sentence for the defendant;17\n(d) if there is a complainant for the offence—any victim impact18\nstatement prepared by or for the complainant.19\nMaximum penalty: 50 penalty units, imprisonment for 6 months or20\nboth.21\n(3) Subsection (2) does not apply if publishing the information was22\nnecessary on reasonable grounds for carrying out a court registry23\nfunction, or giving information to the defendant or the defendant’s24\nlegal representative.25\nNote A person charged with an offence against s (2) has an evidential burden26\nin relation to the matters mentioned in s (3) (see Criminal Code, s 58).27","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Section 5\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) It is a defence to a prosecution for an offence against1\nsubsection (2) (a), (b) or (c) if the person proves that the defendant2\nconsented to the publication of the information before it was3\npublished.4\n(5) It is a defence to a prosecution for an offence against5\nsubsection (2) (d) if the person proves that the complainant consented6\nto the publication of the information before it was published.7\nNote A person charged with an offence against s (2) has a legal burden in8\nrelation to the matters mentioned in s (4) and s (5) (see Criminal Code,9\ns 59).10\n(6) In this section:11\npublish means communicate or distribute information in a way or to12\nan extent that makes it available to, or likely to come to the notice of,13\nthe public or a section of the public.14\n61G Review of amendments made by Magistrates Court15\n(Indicative Sentencing) Amendment Act 202516\n(1) The Minister must review the operation of the amendments made by17\nthe Magistrates Court (Indicative Sentencing) Amendment Act 202518\nwithin 3 years after the commencement of that Act, section 319\n(the commencement day).20\n(2) The review must be started not earlier than 2 years after the21\ncommencement day.22\n(3) The review must include a consideration of the effect of the23\namendments on human rights.24\n(4) Subsection (3) does not limit what may be included in the review.25\n(5) The Minister must present a report of the review to the Legislative26\nAssembly as soon as practicable after the report is completed.27\n(6) This section expires 4 years after the day it commences.28\n\nSection 6\npage 14 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Sections 90AA (9) and 90AB (3)1\nomit2\n7 Dictionary, new definitions3\ninsert4\nindicated sentence, for division 3.4.1A (Sentence indications)—5\nsee section 56.6\nsentence indication, for division 3.4.1A (Sentence indications)—7\nsee section 57 (1).8\nsexual offence, for chapter 3 (Criminal proceedings)—9\nsee section 18A.10\nvictim impact statement, for division 3.4.1A (Sentence11\nindications)—see the Crimes (Sentencing) Act 2005, section 47.12\n\nCrimes (Sentencing) Act 2005—Consequential amendments Schedule 1\nAmendment [1.1]\nMagistrates Court (Indicative Sentencing)\nAmendment Bill 2025\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Crimes (Sentencing)1\nAct 2005—Consequential2\namendments3\n(see s 3)4\n[1.1] New section 52 (2A)5\ninsert6\n(2A) If a defendant has applied for a sentence indication in a proceeding7\nfor an offence—8\n(a) for the purpose of determining the indicated sentence—9\nthe statement may be tendered to the court when the court10\nconsiders appropriate; and11\n(b) for the purpose of sentencing the defendant—the statement may12\nbe tendered to the court, made orally or read out in court when13\nthe court considers appropriate.14\n[1.2] New section 52 (3A)15\ninsert16\n(3A) However, subsection (3) does not apply to a statement given to the17\ncourt under subsection (2A) (a).18\n[1.3] Section 52 (6), new definitions19\ninsert20\ndefendant—see the Magistrates Court Act 1930, section 57.21\nindicated sentence—see the Magistrates Court Act 1930, section 56.22\nsentence indication—see the Magistrates Court Act 1930,23\nsection 57 (1).24\n\npage 16 Magistrates Court (Indicative Sentencing)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 30 October 2025.\n2 Notification\nNotified under the Legislation Act on 2025.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2025","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Bill materially expands the Magistrates Court Act 1930 beyond its prior procedural and trial-adjudication role by creating a new statutory pre-plea mechanism (sentence indications) with detailed rules about who may apply, prosecutorial consent, evidentiary treatment, confidentiality and criminal sanctions for publication (new Division 3.4.1A, ss55–61F). It also amends the Crimes (Sentencing) Act 2005 to integrate victim impact statements into that process (Schedule 1). These changes add substantive procedural rights and obligations, shift bargaining power dynamics (by giving the prosecution a formal election under s58), impose criminal publication controls (s61F), and require a formal statutory review (s61G). In short, the Bill extends the Act’s scope from adjudication and sentencing framework to include regulated pre‑plea sentence‑indication procedures and related confidentiality/enforcement mechanisms."},"complexity_factors":["New Division 3.4.1A introduces multiple interdependent sections (55–61G) with procedural steps and conditional outcomes.","Several time limits and notice rules (5 working days notice s57(3)–(4); prosecution election window under s58; defendant acceptance windows s61A).","Multiple cross‑references to the Crimes (Sentencing) Act 2005 and consequential amendments in Schedule 1 (interaction with victim impact statements, ss52 and new subsections).","Prosecution discretionary gatekeeping (s58) creates branching logic depending on election, including default rules if no election made (s58(6)).","Different legal effects depending on defendant response (accepted indicated sentence binds sentencing if guilty—s61C(2); rejection triggers bench composition change—s61B(2)).","Inadmissibility rules with detailed exceptions (s61E) and publication offence with evidential/legal burden distinctions and defences (s61F referencing Criminal Code s58–59).","Revision power with preconditions and magistrate‑specific constraints (s61D), including exception rules if original magistrate unavailable.","A statutory review with a fixed start window, human‑rights obligation and expiry (s61G) adds monitoring complexity.","New defined terms and interpretation entries (sexual offence, indicated sentence, sentence indication, victim impact statement) increasing cross‑statutory reference points."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Adds a new formal process called a \"sentence indication\" in the Magistrates Court (new Division 3.4.1A, sections 55–61G). A defendant can ask the court to indicate the sentence it would likely impose if the defendant pleaded guilty to the charge (s57).\n- Sets time limits and notice rules for making an application (s57(2)–(5)). A lawyer for the defendant must normally give 5 working days' written notice (s57(3)–(4)).\n- Gives the prosecution a time-limited choice to consent or refuse to the court giving a sentence indication (s58). If the prosecution consents, the court must proceed; if it refuses, the court must not give an indication (s58(4)–(5)). If the prosecution does not make an election in time, the court may proceed (s58(6)).\n- Lists the information the court must consider before giving an indicated sentence (agreed facts, criminal history, victim impact statements and whether the prosecution has adequate information about harm) and allows other relevant material (s59).\n- Allows the court to refuse to give an indication if it lacks sufficient information or judges it inappropriate; the court must weigh the impact on any complainant (s60).\n- Requires the court to explain the process and legal effects to the defendant before giving an indication, including advising unrepresented defendants to seek legal advice (s61).\n- Gives the defendant a short deadline to accept or reject the indicated sentence (s61A). If the defendant accepts and then pleads guilty, the court must not impose a more severe sentence than indicated (s61C(2)). If the defendant rejects it (or is taken to have rejected it), the case must be heard by a different magistrate unless the parties agree or the original magistrate was already assigned (s61B(2)(a)).\n- Allows the court to revise an indicated sentence before sentence if circumstances change, with extra safeguards including telling the defendant and providing the original magistrate an opportunity to revise (s61D).\n- Makes the application, the indicated sentence and certain victim impact statements inadmissible in the main proceeding and other proceedings, subject to limited exceptions (s61E).\n- Creates a new criminal offence for publishing information about applications, particulars, indicated sentences or associated victim impact statements in certain circumstances, with penalties (s61F).\n- Adds consequential changes to the Crimes (Sentencing) Act 2005 to allow victim impact statements to be used for the indicated-sentence process (sch 1).\n- Requires a review of the amendments (including human-rights impacts) to start between 2 and 3 years after commencement and report to the Assembly (s61G).\n\nWho is affected and how it matters\n\n- Defendants in the Magistrates Court: can seek a non-binding or binding indication of sentence before deciding whether to plead guilty. The scheme constrains later sentencing only if the defendant accepts the indicated sentence and then pleads guilty (s61C(2)).\n- Prosecutors: gain a procedural veto over whether the court can give an indication (s58). Their disclosure choices affect whether the court has \"sufficient information\" to indicate a sentence (s59).\n- Magistrates: gain a structured discretion to give, refuse, revise or withdraw indicated sentences; they must explain consequences to defendants and consider victims' interests (s60–61D).\n- Complainants/victims: their victim impact statements can be considered when indicating sentence (s59) but are generally protected from broader admissibility and publication unless certain conditions are met (s61E–61F).\n- Court administration and public: the court must operate new notice, confidentiality and publication controls; breaches of publication restrictions attract fines or imprisonment (s61F).\n\nOfficial purpose-claim and a practical check against it\n\n- The Bill appears intended to give defendants better information about likely sentencing outcomes to support informed pleas and case resolution, and to reduce unnecessary contested hearings. That aim is consistent with: allowing a defendant to request an indication (s57), requiring material (agreed facts, criminal history, victim impact statements) to be considered (s59), and limiting how the indicated sentence can be used (s61E–61F).\n\n- Practical trade-offs, incentives and risks:\n  - Prosecutorial gatekeeping: the prosecution’s ability to consent or refuse (s58) concentrates power with prosecutors to prevent the court from giving indications. That can limit the defendant’s access to the procedure and shift bargaining leverage toward the prosecution (s58(1)–(5)).\n  - Timing and procedural burden: the defendant’s lawyer must normally give 5 working days' notice (s57(3)) or the court adjourns (s57(4)); late applications are possible but compressed. This imposes modest administrative burden on courts and practitioners.\n  - Defence costs and information asymmetry: defendants are advised to take legal advice (s61(2)) and may bear the cost of obtaining it; lack of advice can invalidate acceptance (s61A(3)(b)).\n  - Victim-protection vs transparency: victim impact statements are protected from wider admissibility and publication (s61E–61F), which supports victim privacy but reduces public transparency of pre-plea processes. Publication restrictions are enforceable as criminal offences with defences for consent or necessary court functions (s61F(2)–(5)).\n  - Risk of inconsistent outcomes and forum management: if a defendant rejects an indicated sentence the case is usually transferred to a different magistrate (s61B(2)(a)), adding administrative steps and potential delay. The scheme also allows revision of indications where circumstances change (s61D), which creates another source of procedural complexity.\n  - Appeal and finality: there is no right of appeal against an indicated sentence itself (s61C(4)), but parties retain appeal rights against any sentence actually imposed (s61C(5)). That limits litigation over indications but preserves ordinary appellate review of actual sentences.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: taxpayers (court administration and training), defendants (legal advice and possible delays), and potentially media or other publishers (risk of criminal penalty for publication). Prosecutors and police may bear disclosure burdens to enable an indication.\n- Who decides: prosecutors decide whether to permit an indication (s58); magistrates decide whether to give one and what it would be (s59–60); a different magistrate usually hears the trial if the defendant rejects the indication (s61B(2)).\n- Likely behaviour changes: more defendants may seek sentence indications before pleading; some defendants will accept indicated sentences to obtain certainty (s61C(2)); prosecutors may refuse indications strategically; courts will need new processes to manage confidentiality, victim involvement and record-keeping.\n\nImplementation and compliance risks\n\n- Administrative setup needed (dockets, confidential handling of victim statements, training magistrates about the new discretion and revision rules). The publication offence and evidentiary rules will require registry staff and practitioners to understand tightly when material can be published or tendered (s61E–61F).\n- Potential for increased pre-hearing workload (applications, adjournments, revision hearings) even if the policy aim is to reduce contested hearings. The statutory review (s61G) is designed to revisit such effects.\n\nKey exclusions and limits\n\n- The scheme does not apply to proceedings for family violence offences, sexual offences, certain negligent driving causing death offences, matters in the Children’s Court, or offences prescribed by regulation (s55).\n- A sentence indication is ordinarily given once per charge (s57(7)–(8)) and can be revised in limited circumstances (s61D).\n\nOverall mechanical effect in one sentence\n\nThe Bill creates a regulated, time-limited process in the Magistrates Court allowing defendants to get a judge’s likely sentence before deciding whether to plead guilty, with prosecution consent rules, protections for victims, limits on publicity and tight rules about how an indicated sentence can be relied on later (including when it binds the court)."},"summary":{"status_summary":"The Magistrates Court (Indicative Sentencing) Amendment Bill 2025 was introduced in the ACT Legislative Assembly on 30 October 2025 and will commence six months after its notification day.","complexity_score":6,"likely_questions":["Which offences are excluded from the sentence indication process?","What happens if the prosecution does not respond to a sentence indication application within the required timeframe?","Can a defendant withdraw a guilty plea if the court revises an indicated sentence upward?","How does the publication offence affect media reporting of court proceedings while sentence indication applications are pending?","Is there a right to appeal if the court gives an incorrect sentence indication?"],"complexity_factors":["Multiple sequential steps and time limits for application, notice, prosecution election, and acceptance or rejection","Exceptions for certain offences (family violence, sexual offences, traffic offences, Childrens Court, prescribed offences) require careful interpretation","Interaction between the new division and existing sentencing laws, including the Crimes (Sentencing) Act 2005","Provisions on admissibility of evidence (section 61E) create different rules depending on stage of proceedings and consent","Publication offence with distinct defences (different burdens of proof for defendant vs complainant)","Mandatory review clause with specific timing constraints that expires"],"plain_english_summary":"The bill creates a voluntary pre‑trial sentence‑indication process in the ACT Magistrates Court, letting defendants seek a court view on the likely sentence if they plead guilty. It requires prosecution election, limits use, protects complainants, and makes indications generally inadmissible; accepted indications cap the sentence. Serious offences are excluded, publication about the process is criminalised, and a statutory review is mandated. It mainly affects defendants, prosecutors, magistrates and victims and may alter incentives for early pleas."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025","history":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025/history","analysis":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025/analysis","conflicts":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025/conflicts","importantCases":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025/important-cases","documents":"/api/acts/magistrates-court-indicative-sentencing-amendment-bill-2025/documents"}}