Queensland Consolidated Acts

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Procedure under s 552B

552I Procedure under s 552B

(1) This section applies to any charge for an offence to which section 552B applies.
(2) If the defendant is not legally represented, the Magistrates Court is required—
(a) to state the substance of the charge to the defendant; and
(b) to explain to the defendant that he or she is entitled to be tried by a jury and is not obliged to make any defence; and
(c) to ask the defendant whether he or she wants the charge to be dealt with summarily.
(3) Whether or not the defendant is legally represented, unless the defendant informs the Magistrates Court that he or she wants to be tried by a jury, the Magistrates Court must ask whether the defendant is guilty or not guilty of the offence.
(4) If the defendant is legally represented and there is more than 1 charge before the Magistrates Court, a plea to any number of the charges may, with the consent of the defendant, be taken at the same time on the basis that the plea to 1 charge will be treated as a plea to any number of the charges if the court is satisfied—
(a) the defendant has obtained legal advice in relation to each of the charges; and
(b) the defendant is aware of the substance of each of the charges.
(5) If the Magistrates Court takes a plea under subsection (4) , the court is not required to state the substance of any charge before the court to the defendant.
(6) If the defendant says ‘guilty’ the Magistrates Court must convict.
(7) If the defendant says ‘not guilty’ the Magistrates Court must hear the defence.
(8) After the defendant enters a plea, the Magistrates Court must then deal with the charge summarily.
(9) Unless a defendant’s criminal history is admissible in evidence, the Magistrates Court must not have any regard to the defendant’s criminal history—
(a) before receiving a plea of guilty or making any decision of guilt; or
(b) for deciding whether the defendant may be adequately punished on summary conviction.

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