90APlea of guilty at committal hearing

90A Plea of guilty at committal hearing (1) This section does not apply in relation to a person charged with an indictable offence punishable by imprisonment for life. (2) Subsections (3), (4), (5) and (6) do not apply in relation to a person charged with an offence in relation to which the Crimes Act, section 374, section 375 or section 375AA applies. (3) A person (the accused person) who is before the court charged with an indictable offence may at any stage of the proceeding plead guilty to the charge.

(4) The court may accept or reject the plea but the rejection of the plea at any stage of the proceeding does not prevent the accused person from pleading guilty under this section at a later stage of the proceeding and the court may accept or reject the plea at that later stage. (5) If the court rejects the plea, the proceeding before the court must continue as if the plea had not been made. (6) If— (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence: (i) the offence is under a law in force in the ACT punishable either on indictment or summary conviction; (ii) the offence may be dealt with summarily without the accused person’s consent; (iii) the offence may be dealt with summarily if the accused person consents and the accused person consents to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests and the prosecutor requests that it be dealt with summarily; and (c) it appears to the court that it is proper to deal with the case summarily; the court may, without hearing further evidence, sentence or otherwise deal with the accused person and finally dispose of the charge and all incidental matters. (7) If— (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence:

(i) it does not appear to the court that it is proper to deal with the case summarily; (ii) the offence is punishable only on indictment; (iii) the offence may be dealt with summarily if the accused person consents, but the accused person does not consent to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests, but the prosecutor does not request that it be dealt with summarily; (v) this subsection applies to the accused person under the Crimes Act, section 374, section 375 or section 375AA; the Magistrates Court must commit the accused person to the sittings of the Supreme Court that the Supreme Court directs and the Supreme Court must deal with the accused person in accordance with subsections (8) to (13). (8) A committal under subsection (7) is taken, for all purposes relating to the venue or change of venue of a proceeding consequent on the committal, to be a committal for trial. (9) The Supreme Court may order that the proceeding before the Magistrates Court where the accused person pleaded guilty be continued at a time and place stated in the order. (10) The Supreme Court must make an order under subsection (9) if— (a) it appears to the Supreme Court from the information or evidence given to or before it that the facts in relation to which the accused person was charged before the Magistrates Court do not support the charge to which the accused person pleaded guilty; or (b) the accused person or a lawyer representing the accused person or informant asks that the order be made.