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Magistrates' Court (Criminal Procedure) Amendment Rules 2008

S.R. No. 84/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Caution

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 84/2008

Magistrates' Court Act 1989

Magistrates' Court (Criminal Procedure) Amendment Rules 2008

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court (Criminal Procedure) Rules 2006 to make further provision as to cautions in certain proceedings.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 1 July 2008.

4Principal Rules

In these Rules the Magistrates' Court (Criminal Procedure) Rules 2006[1] are called the Principal Rules.

5Caution

For Rule 10.01(a) of the Principal Rules substitute—

"(a)Before asking if you wish to enter a plea to this charge/these charges or any of them (as the case may be) it is my duty to warn you that you are not obliged to enter a plea today.  If you plead guilty to this charge/these charges or any of them (as the case may be) today or at any time before or during your trial, the court which sentences you may take into account your plea of guilty and also the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty.".

Dated:       27 June 2008

IAN L. GRAY,
Chief Magistrate

JELENA POPOVIC,
Deputy Chief Magistrate

FELICITY BROUGHTON,
Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 55/2006.  Reprint No. 1 as at 19 June 2008.  Reprinted to S.R. No. 118/2007.