QLDIn ForceRegulation
Justices Regulation 2014
sec.15What court must record, or ensure is recorded, on bench charge sheet
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### sec.15 What court must record, or ensure is recorded, on bench charge sheet
This section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.
If the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet.
Section 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.
If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must—
if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court—
record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
otherwise—record the plea on the bench charge sheet for the charge.
The court must ensure—
if the decision on the charge applies to more than 1 charge before the court—
the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
otherwise—the decision is recorded on the bench charge sheet for the charge.
The court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.
In this section—
schedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge—
the court file number stated on the bench charge sheet on which the charge is stated;
the charge number;
the offence charged;
the date of the offence charged.
s 15 amd 2018 SL No. 152 s 3
(sec.15-ssec.1) This section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.
(sec.15-ssec.2) If the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet. Section 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.
(sec.15-ssec.3) If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must— if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or otherwise—record the plea on the bench charge sheet for the charge.
(sec.15-ssec.4) The court must ensure— if the decision on the charge applies to more than 1 charge before the court— the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or otherwise—the decision is recorded on the bench charge sheet for the charge.
(sec.15-ssec.5) The court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.
(sec.15-ssec.6) In this section— schedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge— the court file number stated on the bench charge sheet on which the charge is stated; the charge number; the offence charged; the date of the offence charged.
- (a) if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
- (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
- (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
- (b) otherwise—record the plea on the bench charge sheet for the charge.
- (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
- (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
- (a) if the decision on the charge applies to more than 1 charge before the court— (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
- (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
- (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
- (b) otherwise—the decision is recorded on the bench charge sheet for the charge.
- (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
- (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
- (a) the court file number stated on the bench charge sheet on which the charge is stated;
- (b) the charge number;
- (c) the offence charged;
- (d) the date of the offence charged.