QLDIn ForceAct
Justices Act 1886
sec.113Procedure if defendant pleads guilty
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### sec.113 Procedure if defendant pleads guilty
If the defendant, upon being addressed by the justices pursuant to section 104 (2) says that he or she is guilty of the charge the justices, instead of committing the defendant to be tried, shall order the defendant to be committed for sentence before some court of competent jurisdiction, and, in the meantime shall, by their warrant, commit the defendant to prison to be there safely kept until the defendant is delivered by due course of law or granted bail.
If, having regard to the length of time which should elapse before a court of competent jurisdiction next sits at a place to which the defendant would in the absence of this subsection be committed for sentence, the justices are of the opinion—
that it would be just that the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may, with the prior consent in writing of the defendant (which consent shall be kept with the depositions of the witnesses), order the defendant to be committed for sentence for the offence at such other place before such court; or
that, by reason of the expense likely to be incurred in the keeping or preservation of any exhibit tendered in evidence upon the examination of witnesses and to be, or proposed to be, tendered as an exhibit upon the appearance of the defendant for sentence, the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may order the defendant to be committed for sentence for the offence at such other place before such court.
s 113 amd 1899 63 Vic No. 9 s 3(2)sch 3; 1924 15 Geo 5 No. 6 s 2; 1956 5 Eliz 2 No. 5 s 8
sub 1964 No. 32 s 45
amd 1973 No. 88 s 15 ; 1980 No. 35 s 4 (1) sch 1 ; 1997 No. 3 s 122 sch 2 ; 2000 No. 63 s 276 sch 2 ; 2010 No. 42 s 120 sch
(sec.113-ssec.1) If the defendant, upon being addressed by the justices pursuant to section 104 (2) says that he or she is guilty of the charge the justices, instead of committing the defendant to be tried, shall order the defendant to be committed for sentence before some court of competent jurisdiction, and, in the meantime shall, by their warrant, commit the defendant to prison to be there safely kept until the defendant is delivered by due course of law or granted bail.
(sec.113-ssec.4) If, having regard to the length of time which should elapse before a court of competent jurisdiction next sits at a place to which the defendant would in the absence of this subsection be committed for sentence, the justices are of the opinion— that it would be just that the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may, with the prior consent in writing of the defendant (which consent shall be kept with the depositions of the witnesses), order the defendant to be committed for sentence for the offence at such other place before such court; or that, by reason of the expense likely to be incurred in the keeping or preservation of any exhibit tendered in evidence upon the examination of witnesses and to be, or proposed to be, tendered as an exhibit upon the appearance of the defendant for sentence, the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may order the defendant to be committed for sentence for the offence at such other place before such court.
- (a) that it would be just that the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may, with the prior consent in writing of the defendant (which consent shall be kept with the depositions of the witnesses), order the defendant to be committed for sentence for the offence at such other place before such court; or
- (b) that, by reason of the expense likely to be incurred in the keeping or preservation of any exhibit tendered in evidence upon the examination of witnesses and to be, or proposed to be, tendered as an exhibit upon the appearance of the defendant for sentence, the defendant should be sentenced for the offence at some other place before a court of competent jurisdiction, the justices may order the defendant to be committed for sentence for the offence at such other place before such court.