New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 265

265 Criminal record to be given to person charged (Table 1 offences)

(1) When a person charged with an indictable offence listed in Table 1 to Schedule 1 first appears before the Local Court in respect of the offence, the Court--

(a) is to address the person about the person's right to make an election and the consequences of not making an election, and

(b) is to give to the person a statement about the person's right to make an election and the consequences of not making an election that is in the form of words prescribed by the regulations.

(1A) Subsection (1) does not apply if the person charged with an indictable offence is represented by an Australian legal practitioner.

(2) The prosecutor is to serve, or cause to be served, on a person charged with an indictable offence listed in Table 1 to Schedule 1 a copy of the person's criminal record (if any) known to the prosecutor, within the time fixed by the Local Court. The time so fixed must be before the time fixed by the Court for the making of an election in respect of the offence.

(3) Without limiting the powers of the Local Court to adjourn proceedings, the Local Court is to grant such adjournments as appear to be just and reasonable if a criminal record is not served in accordance with this section, and the Court is to extend accordingly the time fixed for the making of an election in respect of the offence.

(5) The jurisdiction of the Local Court under this section may also be exercised by a registrar.