New committals legislation: mandatory explanations to clients

08/05/2018

Law reform and public affairs

The Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 commenced on 30 April 2018. One aspect of the changes is the introduction of a statutory obligation to explain to clients the sentencing discounts that are available for early guilty pleas. Four agencies (Public Defenders, Legal Aid NSW, the Law Society and the Aboriginal Legal Service) have jointly drafted a brief explanation to practitioners (EAGP s 72(2) Note to Practitioners) and model explanations for accused persons (EAGP s 72(2) Explanation if caps apply and EAGP s 72(2) Explanation if no caps apply). Copies of these documents are available from the Public Defenders Website at www.publicdefenders.nsw.gov.au. While individual barristers will have to decide for themselves what is required to comply with their statutory obligations in the particular circumstances of each case, these documents will assist in that regard.