Where a defendant pleads guilty during an answer charge hearing , sentencing may occur in the Magistrates Court provided a signed Form 61 has been submitted [see Joint Criminal Rules 2022 (SA) r 71.1].

Sentencing for a major indictable offence only happens if both the Director of Public Prosecutions and the defendant consent and without considering the strength or otherwise of the prosecution case.

The magistrate can also commit the defendant to a higher court for sentencing [Criminal Procedure Act 1921 (SA) s 113(2)(c)], and may send the case to the Supreme Court specifically for sentencing if:

Sentencing is unlikely to proceed straight away. If the defendant is on bail the defendant may be remanded on continuing bail to appear for sentencing at a later date. If the defendant has not been granted bail they are remanded in custody and brought to the court on the day of sentencing by the authorities.

Once a defendant has been committed to a higher court for sentencing, they may only change their plea in the higher court with the permission of the court [Criminal Procedure Act 1921 (SA) s 119].

A defendant should obtain legal advice before pleading guilty at an answer charge hearing.