S32 Step By Step Guide
Decisions for the Magistrate
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A magistrate must make three decisions to make a section 32 order:
- Is the person is eligible to be dealt with under the section? (See Eligibility for details)
- Is it more appropriate to deal with the person under section 32 than in accordance with law?
- If the magistrate decides in favour of section 32, the magistrate must then decide what orders should be made
(See DPP v El Mawas (2006) DPP v El Mawas [2006] NSWCA 154)
No requirement to enter a pleaEligibility