sec.67FGProceedings for an indictable offence

### sec.67FG Proceedings for an indictable offence A proceeding for a charge of an indictable offence under this Act may, at the prosecution’s election, be taken— by way of summary proceedings before a magistrate under the Justices Act 1886 ; or on indictment. Subsection (3) applies if at any stage during a summary proceeding the magistrate is satisfied that the defendant may not be adequately punished on summary conviction because of the nature and seriousness of the offence or any other relevant consideration. The Magistrates Court— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence. If a Magistrates Court acts under subsection (3) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (3) 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 under the Justices Act 1886 , section 104 (2) (b) . The magistrate must invite and hear any submissions from the prosecution and defence before making a decision under subsection (2) . s 67FG (prev s 52A) ins 2011 No. 10 s 17 amd 2017 No. 14 s 23 ; 2023 No. 21 s 25 (1) reloc and renum 2023 No. 21 s 25 (2) (sec.67FG-ssec.1) A proceeding for a charge of an indictable offence under this Act may, at the prosecution’s election, be taken— by way of summary proceedings before a magistrate under the Justices Act 1886 ; or on indictment. (sec.67FG-ssec.2) Subsection (3) applies if at any stage during a summary proceeding the magistrate is satisfied that the defendant may not be adequately punished on summary conviction because of the nature and seriousness of the offence or any other relevant consideration. (sec.67FG-ssec.3) The Magistrates Court— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence. (sec.67FG-ssec.4) If a Magistrates Court acts under subsection (3) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (3) 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 under the Justices Act 1886 , section 104 (2) (b) . (sec.67FG-ssec.5) The magistrate must invite and hear any submissions from the prosecution and defence before making a decision under subsection (2) . - (a) by way of summary proceedings before a magistrate under the Justices Act 1886 ; or - (b) on indictment. - (a) must not decide the charge as a summary offence; and - (b) must proceed by way of an examination of witnesses in relation to an indictable offence. - (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and - (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and - (c) before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .