NSWIn ForceAct
Pre-Trial Diversion of Offenders Act 1985
11Prosecutor to notify judge of decision
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#### 11 Prosecutor to notify judge of decision
11 Prosecutor to notify judge of decision
> > (1) Where a person to whom this Act applies appears before a Judge of the Local Court following any adjournment of the proceedings under section 9, the prosecutor shall inform the judge as to whether the person is to be referred for assessment in relation to the person’s suitability for participation in the Program.
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> > (2) The prosecutor is to inform the judge that the person is not to be referred for assessment if the prosecutor has ascertained under section 10 that a place in the Program would not be available for the person if the person were to give an undertaking to participate in the Program.
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> **s 11:** Am 1993 No 7, Sch 1 (6) (8); 2001 No 121, Sch 2.170 \[6\]; 2025 No 61, Sch 2.74\[1\]–\[3\].