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. (11) Except if an order is made under subsection (9), the Supreme Court has the same powers of sentencing or otherwise dealing with the accused person and of finally disposing of the charge and of all incidental matters as it would have had if the accused person, on arraignment at any sittings of the court, had pleaded guilty to the offence charged on an indictment filed by the Attorney-General or the Attorney-General of the Commonwealth. (12) The procedure relating to committal for trial applies, as nearly as may be, to a committal under subsection (7) and bail may be granted as on a committal for trial, but a person must not be bound over to give evidence on a committal under that subsection unless the court otherwise orders. (13) If an order is made by the Supreme Court under subsection (9) that the proceeding before a court where an accused person pleaded guilty be continued at a time and place stated in the order— (a) the proceeding must be continued in all respects as if the accused person had not pleaded guilty and as if the proceeding had been adjourned by the court to the time and place so stated; and (b) the Supreme Court may exercise any power that the Magistrates Court might have exercised under division 3.4.3 (Remand) if the order had been an order made by the Magistrates Court adjourning the proceeding to the stated time and place, and that division applies in relation to the accused person.