South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 19

19—Limitations on sentencing powers of Magistrates Court

        (1)         The Magistrates Court does not, unless it is constituted of a Magistrate, have the power to impose a sentence of imprisonment.

        (2)         If the Court, constituted otherwise than by a Magistrate, is of the opinion that a sentence of imprisonment should be imposed in any particular case, it may remand the defendant to appear for sentence before the Court constituted of a Magistrate.

        (3)         The Magistrates Court does not have the power to impose—

            (a)         a sentence of imprisonment that exceeds 2 years; or

            (b)         a fine that exceeds—

                  (i)         in the case of an offence under the Occupational Health, Safety and Welfare Act 1986 being heard by an industrial magistrate—$300 000; or

                  (ii)         in any other case—$150 000.

        (3a)         The limits imposed by subsection (3)(b) apply regardless of whether the relevant offence was committed before or after the commencement of that paragraph.

        (4)         Subsection (3) applies whether the offence to which the sentence relates is a summary offence or a minor indictable offence.

        (5)         If the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (3), the Court may remand the defendant to appear for sentence before the District Court.