Right to Sentence Indications for Defendants in the Magistrates Court
Magistrates Court (Indicative Sentencing) Amendment Bill 2025
Introduced by: Tara Cheyne (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Defendants can ask the Magistrates Court for an indication of the sentence they would likely receive if they plead guilty.
This right does not apply to sexual offences; family violence offences; or certain road transport offences.
The court must explain the process to the defendant; this includes the maximum penalty for the offence.
The court cannot impose a sentence more severe than the indicated sentence if the defendant accepts it and pleads guilty.
Information about the sentence indication process is generally inadmissible as evidence in court.
It is a criminal offence to publish details of a sentence indication before a final sentence is handed down.
Legal representatives must give the court written notice at least five working days before applying for an indication.
The court cannot grant an indication if the prosecution does not consent.