ACTIn ForceAct
Crimes Act 1900
375AWithdrawal of consent to summary disposal of case
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375A Withdrawal of consent to summary disposal of case
(1) A defendant’s consent to summary disposal of a case can be
withdrawn only if—
(a) for consent under section 375 (8)—the Magistrates Court grants
leave under this section; or
(b) for consent under section 375AA (7)—the Childrens Court
grants leave under this section.
(2) The defendant may apply to the court for leave to withdraw the
consent.
(3) However, an application may not be made if a prosecution witness
has given evidence in person at the hearing.
(4) The court may grant leave only if satisfied on reasonable grounds
(a) a significant change in relation to the defendant or the case
happened after the consent was given; and
(b) granting the leave is justified in all the circumstances.