Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 552I
Procedure under s 552B
552I Procedure under s 552B
(1) This section applies to any charge for an offence to which section 552B
(2) If the defendant is not legally represented, the Magistrates
Court is required—
(a) to state the substance of the charge to the
(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.
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
(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
(9) Unless a defendant’s criminal history is admissible in
evidence, the Magistrates Court must not have any regard to the defendant’s
(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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