sec.356Offences under this Act

### sec.356 Offences under this Act An offence against this Act that has a penalty of more than 2 years imprisonment is an indictable offence that is a misdemeanour. Any other offence against this Act is a summary offence. A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment. A magistrate must not hear an indictable offence summarily if— at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment. If subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) . The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment. A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence. However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . A proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886 must start within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. (sec.356-ssec.1) An offence against this Act that has a penalty of more than 2 years imprisonment is an indictable offence that is a misdemeanour. (sec.356-ssec.2) Any other offence against this Act is a summary offence. (sec.356-ssec.3) A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment. (sec.356-ssec.4) A magistrate must not hear an indictable offence summarily if— at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment. (sec.356-ssec.5) If subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) . (sec.356-ssec.6) The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment. (sec.356-ssec.7) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence. (sec.356-ssec.8) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.356-ssec.9) A proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886 must start within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. - (a) by way of summary proceedings under the Justices Act 1886 ; or - (b) on indictment. - (a) at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or - (b) the magistrate considers that the charge should be prosecuted on indictment. - (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and - (b) a plea of the person charged at the start of the proceeding must be disregarded; and - (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and - (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) . - (a) for the summary conviction of a person on a charge for an indictable offence; or - (b) for an examination of witnesses for a charge for an indictable offence. - (a) 1 year after the commission of the offence; or - (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.