385AHearing by judge of complaint of simple offence

385A Hearing by judge of complaint of simple offence

[Section 385A Inserted by No. 86 of 1986, s. 3 ]

(1)  In this section, simple offence has the same meaning as in the Justices Act 1959 .

(2)  Where, in proceedings before a judge, a person is convicted or acquitted of a crime, the judge may, on the application of that person, hear and determine any complaint of a simple offence arising out of facts that are closely related to the facts alleged in the indictment or which are, or form part of, a series of offences of the same or a similar character to that of which the applicant has been convicted or acquitted, as the case may be.

(3)  For the purpose of enabling a judge to deal with a matter under subsection (2) , the Registrar may require a clerk of petty sessions to transmit to the Registrar any summons, warrant, complaint, or document of any sort, that is in the possession of that clerk and relates to that offence.

(4)  Where, on an application under subsection (2) , a judge decides to hear and determine any complaint of a simple offence, he may, after having heard and determined that complaint –

(a) acquit, convict and sentence, or otherwise deal with, the person who made the application, as if the offence were being dealt with in accordance with the Justices Act 1959 ; or

(b) make any order, or give any directions, that he considers appropriate in the circumstances, including remission of the matter to a court of petty sessions.