Chapter 5 - Trial on indictment - Part 5.6 – Sentence indication

Question 1

S207 Court may give sentence indication

Answer 1

At any time after indictment is filed, court may indicate that if accused PG, court would or would not be likely to impose particular sentence of imprisonment that commences immediately

Question 2

S208 application for sentence indication

Answer 2

(1) sentence indication: (a) may be given only on A’s application (b) and only once during proceeding unless P otherwise consents
(2) application may be made only with consent of prosecutor
(3) if application under subsection (1)(a) made in respect of charge not on indictment, accused must specify relevant charge (4) court can refuse to give sentence indication
(5) without limiting (4), can refuse if there’s insufficient info before it of the impact of the offence on any victim of the offence

Question 3

S209 Effect of sentence indication

Answer 3

(1) If (a) the court indicates that it wouldn’t be likely to impose on A sentence of imprisonment that commences immediately; and
(b) A PG at first available opportunity,
court must not impose imprisonment when sentencing the A
(2) If (a) court indicates under s207 and
(b) accused does not PG at first available opportunity,
at trial court must have different TJ unless all parties o.wise agree
(3) SI does not bind court on different judge hearing
(4) decision to give/not give SI is final/conclusive
(5) application for SI and its determination are not admissible in evidence against A in any proceeding
(6) Section does not affect any right to appeal against sentence