NSWIn ForceAct
Criminal Procedure Act 1986
101Higher court may refer accused person back to Judge of the Local Court
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#### 101 Higher court may refer accused person back to Judge of the Local Court
101 Higher court may refer accused person back to Judge of the Local Court
> > (1) A Judge of the District Court or the Supreme Court before whom an accused person is brought under section 97 (6) may order that the committal proceedings be continued before a Judge of the Local Court if—
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> > > (a) it appears to the Judge of the District Court or the Supreme Court from the information or evidence given to or before the Judge that the facts in respect of which a court attendance notice was issued do not support the offence to which the accused person pleaded guilty, or
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> > > (b) the prosecutor requests the order be made, or
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> > > (c) for any other reason, the Judge of the District Court or the Supreme Court thinks fit to do so.
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> > (2) On the resumption of the committal proceedings, the proceedings continue as if the person had not pleaded guilty.
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> **s 101:** Ins 2001 No 119, Sch 1 \[43\]. Subst 2017 No 55, Sch 1 \[3\]. Am 2025 No 61, Sch 2.31\[2\] \[12\] \[13\].