A defendant at a committal is not asked to plead. But if he volunteers an admission at the section 96 stage, the Act takes him at his word and changes the destination of the case from trial to sentence.
The provision
(1) If a defendant, on being asked in accordance with Section 96 whether he wishes to say anything in answer to the charge, says that he is guilty of the charge, the Court shall further say to him these words, or words to the same effect: “You will now be committed for sentence instead of being committed for trial.”
(2) The statement shall be taken down in writing and read to him, signed by the Magistrate and by the defendant if he so desires, and held with the statements of the witnesses and transmitted to the Public Prosecutor.
(3) The Court, instead of committing the defendant for trial, shall order him to be committed for sentence before the National Court, and in the meantime shall by warrant commit him to a corrective institution or other place of security, or admit him to bail to appear for sentence in accordance with Division 2.
Committal for trial and committal for sentence
| Committal for trial (s 100) | Committal for sentence (s 103) | |
|---|---|---|
| Trigger | Evidence sufficient to put the defendant on trial | Defendant says he is guilty when asked under s 96 |
| What goes to the National Court | The depositions and the s 96 statement, if any | The depositions and the signed admission |
| Public Prosecutor’s role | Considers the evidence and may indict, or decline (Criminal Code s 525) | Presents an indictment on which the defendant is arraigned for plea |
| At the National Court | Trial, unless the defendant then pleads guilty | Arraignment; if the plea of guilty is confirmed and the facts support it, sentence |
| Bail meanwhile | Ss 105–106; Bail Act s 8 | Same |
The label “committed for sentence” does not bind the National Court. The defendant is arraigned on an indictment and asked to plead, and section 525(5) of the Criminal Code excludes committals for sentence under section 421(4) from the Public Prosecutor’s ordinary consideration process, reflecting that the case is expected to proceed straight to plea. A defendant who has changed his mind may plead not guilty before the judge, and the admission recorded under section 103 then becomes evidence against him under section 97 rather than a plea.
Safeguards before recording the admission
Before announcing committal for sentence, the magistrate should consider carefully whether the defendant has understood the information and explanations given under section 96, and, if necessary, question the defendant further as to his understanding of the significance of pleading guilty. Only once satisfied should the magistrate announce the committal for sentence and ensure the statement embodying the admission is taken down in writing and signed.
The concern is the same as with a guilty plea to a summary charge: an admission that is equivocal, or made in the belief that it will lead to release, or by a defendant who does not understand the charge, is not an admission of guilt. Constitution section 37(4)(b) requires the charge to be explained in a language the defendant understands, and section 37(4)(d) provides an interpreter. A statement like “I hit him but he attacked me first” is not a statement that the defendant is guilty of unlawful wounding, and the magistrate should treat it as an ordinary section 96 statement and proceed to section 100.
Why a defendant might admit the charge
The main reason is time. A defendant in custody who intends to plead guilty may reach sentence sooner by a committal for sentence than by a committal for trial followed by a plea at a later sitting. An early admission is also a mitigating factor which a sentencing judge will take into account. Against that, the admission is made before the defendant has seen how the prosecution case would fare at trial and, if unrepresented, without advice. The Public Solicitor represents most defendants at this stage of a serious matter, and the decision should be made with a lawyer.
Bail after committal for sentence
Section 103(3)(b) allows bail “in accordance with Division 2”. Section 105(1)(a) lets the Court admit the defendant to bail instead of committing him for sentence, and section 106 lets the committing magistrates grant bail, or certify for it, at any time before the first day of the sitting at which he is to be sentenced. Section 8 of the Bail Act requires the Court to consider bail on committal for sentence as on committal for trial, subject to section 4 for the most serious offences. See bail after committal.
Contrast with a summary charge
For a simple offence or a Schedule 2 offence elected for summary trial, an admission is a plea of guilty under section 128 and the District Court itself proceeds to conviction and sentence. See pleading guilty in the District Court.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.