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Criminal Procedure Act 1921
Div 4Judgment
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Division 4—Judgment
70—Conviction to be minuted
(1) When the Magistrates Court convicts or makes an order against the defendant a minute or memorandum of the conviction or order shall then be made.
(2) No fee shall be paid for any such minute or memorandum.
70A—Convictions where charges joined in information
(1) Where charges for more than one offence have been joined in the same information, pursuant to this Act, the Magistrates Court may—
(a) convict the defendant of such one or more of those offences as it finds proved:
(b) include any number of offences in a minute or memorandum of conviction or in any formal conviction.
(2) This section shall apply notwithstanding anything contained in the Special Act.
70B—Conviction for attempt where full offence charged
If upon the trial of a person charged with an offence (whether a summary offence or a minor indictable offence) it appears to the Magistrates Court upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to commit that offence, the Magistrates Court may convict him of an attempt to commit the offence charged and thereupon he shall be liable to be punished in the same manner as if he had been convicted upon an information for such an attempt.
71—Order and certificate of dismissal
(1) If the Magistrates Court dismisses the information a minute or memorandum shall be made as aforesaid, and the Magistrates Court may, on being required to do so and if it thinks fit, draw up an order of dismissal and give the defendant a certificate thereof.
(2) A certificate of dismissal shall, upon production and without further proof, be a bar to any subsequent information for the same matter against the same party.
76A—Power to set aside conviction or order
(1) The Magistrates Court may set aside a conviction or order—
(a) on its own initiative; or
(b) on the application of a party made within 14 days after the party receives notice of the conviction or order.
(3) The Magistrates Court may set aside a conviction or order under this section if satisfied—
(a) that the parties consent to have it set aside; or
(b) that the conviction or order was made in error; or
(c) that it is in the interests of justice to set aside the conviction or order.
(4) Where the Magistrates Court sets aside a conviction or order under this section it may, without further formality—
(a) proceed to re-hear the proceedings in which the conviction or order was made; or
(b) adjourn the proceedings for subsequent re‑hearing.
76B—Correction of conviction or order
The Magistrates Court may, on its own initiative or on the application of any party, correct an error in a conviction or order.