skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Committal for Sentence

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:

  • it is an offence of treason, murder, or an attempt or conspiracy to commit or assault with intent to commit either of those offences; or
  • there is not the required consent; or
  • the magistrate is of the opinion that the interests of justice require committal to a higher court (this may be because magistrates are limited to sentencing a maximum of 5 years imprisonment for one offence, or 10 years imprisonment for more than one offence [see Magistrates Court Act 1991 (SA) s 9].

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.

Committal for Sentence  :  Last Revised: Fri Aug 26th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.