5Trial by magistrate in certain cases

5 Trial by magistrate in certain cases

(1)  Where in any unrepealed statute, passed before the passing of this Act, it is provided that any offence therein created, defined, or made punishable shall be punishable by any term of imprisonment not exceeding 2 years (whether such offence is described as a misdemeanour, or otherwise), or that any offence shall be a misdemeanour, and no specific punishment is thereby provided for the same, every such offence shall be punishable summarily before a magistrate as herein provided.

(2)  In every such case, as aforesaid, a magistrate shall have power to impose upon any person convicted of any such offence a term of imprisonment not exceeding one year, or such shorter period as may be provided by such statute, in addition to any fine or other punishment, if any, authorized thereby, or otherwise.

(3)  In any case in which the term of imprisonment authorized by any such statute exceeds one year the magistrate before whom any person is charged with an offence thereunder may –

(a) if such person demands to be tried by jury; or

(b) if, in his opinion, the charge should be tried upon indictment –

commit such person for trial upon indictment under the Code .

(4)  A person so committed shall thereupon be dealt with under the provisions of the Code relating to proceedings upon indictment, and may be punished in manner provided by such statute as aforesaid.

(5)  *[Section 5 Subsection (5) added by 25 Geo. V No. 43, s. 2 ]*The provisions of this section shall apply only in respect of offences which were intended by the Act constituting the same to be prosecuted upon information or indictment, and in respect of which no other mode of proceeding is provided by such Act or any other Act.