Youth Justice Act 1997
100BSentencing by different magistrate
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100B Sentencing by different magistrate
[Section 100B Inserted by No. 1 of 2003, s. 14, Applied:16 Apr 2003]
(1) This section applies if, on the trial of an offence under this Act –
(a) a verdict of guilty has been found or a plea of guilty has been received but no judgment, or sentence or order under this Part, has been given, passed or made on it; and
(b) the magistrate who constituted the Court at the trial or when the plea was received goes out of office or it appears probable that, because of incapacitating illness or other serious cause, he or she will be unable to give judgment or pass sentence or make an order under this Part within a reasonable time.
(2) If this section applies, any other magistrate may –
(a) take all necessary steps preliminary to the giving of judgment, the passing of sentence or the making of an order under this Part; and
(b) give judgment, pass sentence or make an order under this Part.
(3) In all cases where it is possible to do so, the magistrate referred to in subsection (1)(b) is to be consulted before judgment is given, sentence passed or an order made.
(4) Non-compliance with subsection (3) does not affect the validity of the judgment, sentence or order.
(5) The question whether it appears probable that a magistrate will be unable, for the reasons referred to in subsection (1)(b) , to give judgment, pass sentence or make an order within a reasonable time is to be decided by the Chief Magistrate and that decision is final.
(6) If, on the trial of an offence –
(a) a verdict of guilty has been found or a plea of guilty has been received; and
(b) all steps preliminary to the giving of judgment or the passing of sentence or the making of an order under this Part have been taken but no judgment, sentence or order has been given, passed or made –
the Court constituted by any other magistrate may give the judgment, pass the sentence or make the order under this Part determined by the magistrate who constituted the Court at the trial or when the plea was received.