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S32 Step By Step Guide

Charges - Local and Children's Court matters

A section 32 application is available in all criminal proceedings in the Local Court that are triable summarily. This includes both summary and indictable offences that are dealt with to finality by a magistrate. Matters that can only be dealt with a fine are summary offences and may also be disposed of by way of section 32. A section 32 application is not available for bail or committal proceedings.

Types of charges - Children's Court matters

Under section 3 of the MHFPAMental Health (Forensic Provisions) Act 1990 NSW, the term 'magistrate' includes a Children's Court magistrate. The Children's Court hears and finalises a greater range of matters than the Local Courts. These matters can be dealt with a section 32. The scope of these matters is outlined in section 28 of the Children (Criminal Proceedings) Act 1987 (NSW).

Section 32 MHFPACharges - Commonwealth matters

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