TASIn ForceAct
Sentencing Act 1997
57EReferral of offender to Supreme Court when that court made order deferring sentence
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### 57E Referral of offender to Supreme Court when that court made order deferring sentence
> [*\[Section 57E of Part 8 Inserted by No. 48 of 2016, s. 24, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS24@EN)
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> > (1) If an order that is in force in relation to an offender is made by the Supreme Court or the Court of Criminal Appeal under [section 7(eb)](#GS7@Hpeb@EN) in relation to an offence and the offender appears, in relation to another offence, before a court constituted by a magistrate, the court constituted by a magistrate may, if it thinks it is appropriate to do so, remand the offender, on bail, or in custody, to appear before the Supreme Court.
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> > (2) If an offender is remanded, by a court constituted by a magistrate, to appear before the Supreme Court in accordance with this section –
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> > > > (a) the Supreme Court is to consider whether to deal with the offender under [section 57C](#GS57C@EN) or [57D](#GS57D@EN) ; and
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> > > > (b) if the Supreme Court considers that –
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> > > > > > (i) it ought to deal with the offender under [section 57C](#GS57C@EN) or [57D](#GS57D@EN) , the Supreme Court may take any action in relation to the offender that it may take under [section 57C](#GS57C@EN) or [57D](#GS57D@EN) , as the case may be; or
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> > > > > > (ii) it is not appropriate for the offender to be dealt with by the Supreme Court, the Supreme Court may remand the offender on bail, or in custody, to appear before a court constituted by a magistrate as if the offender had not been remanded to appear before the Supreme Court.
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> > (3) Without limiting the generality of [subsection (2)(b)(i)](#GS57E@Gs2@Hpb@Hqi@EN) , the action that the Supreme Court may take under [subsection (2)(b)(i)](#GS57E@Gs2@Hpb@Hqi@EN) in relation to an offender includes dealing with the offender as if an application under [section 57C](#GS57C@EN) or [57D](#GS57D@EN) made, in relation to the offender, to the court that remanded the offender to appear before the Supreme Court, but not disposed of by that court, had been made to the Supreme Court.