59Explanation of committal process and discount for guilty plea

#### 59 Explanation of committal process and discount for guilty plea 59 Explanation of committal process and discount for guilty plea > > (1) The Judge in committal proceedings must give the accused person— > > > > > (a) if the accused person is not represented by an Australian legal practitioner in the committal proceedings—an oral and written explanation of the following matters— > > > > > > > (i) the committal process under this Part, including charge certification and committal for trial or sentence, > > > > > > > (ii) the scheme under Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) for the sentence discount that applies in the case of a guilty plea, or > > > > > (b) if the accused person is so represented— > > > > > > > (i) a written explanation of the committal process under this Part, including charge certification, case conferences and committal for trial or sentence, and > > > > > > > (ii) an oral and written explanation of the scheme under Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) for the sentence discount that applies in the case of a guilty plea. > > > (2) The explanations must be given— > > > > > (a) if a case conference is required to be held, after the charge certificate is filed and before the first day on which a case conference is held, or > > > > > (b) in any other case, after the charge certificate is filed and before the day on which the accused person is committed for trial or sentence. > > > (3) The explanations are to include the matters prescribed by the regulations for the purposes of this section. > > > (4) The Judge is not required to give an explanation of the scheme for the sentence discount in a case concerning an offence under a law of the Commonwealth. > > > (5) A failure by a Judge to comply with this section does not affect the validity of anything done or omitted to be done by the Judge or any other person in or for the purposes of the committal proceedings. > > **s 59:** Ins 2001 No 119, Sch 1 \[43\]. Am 2007 No 94, Sch 2. Subst 2017 No 55, Sch 1 \[3\]. Am 2019 No 20, Sch 1.10\[4\] \[5\]; 2025 No 61, Sch 2.31\[9\].