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S32 Step By Step Guide

Decisions for the Magistrate

    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
DPP v El Mawas [2006] NSWCA 154)

No requirement to enter a pleaEligibility

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