NTIn ForceAct
Criminal Code Act 1983
389Supreme Court may hear and determine summarily-triable
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389 Supreme Court may hear and determine summarily-triable
offence with indictable offence
(1) When hearing and determining a charge against a person on
indictment, the Supreme Court may also, if it considers appropriate,
hear and determine summarily any charge of a summarily-triable
offence that has been laid against the person.
(2) However, the Supreme Court must not hear and determine the
charge of the summarily-triable offence unless the charge has been
transmitted to a Registrar of the Supreme Court under section 390.
(3) Subject to this section, the practice and procedure of the Supreme
Court and the provisions of this Code relating to taking a plea on an
indictment apply in relation to the taking of a plea to the charge of
the summarily-triable offence.
(4) On finding the accused person guilty of the summarily-triable
offence, the Supreme Court may make any orders in relation to the
finding that the Local Court could have made, but may not impose a
penalty in excess of the penalty that the court of summary
jurisdiction could have imposed.
(5) Within 30 days after the final determination of the charge of the
summarily-triable offence, a Registrar of the Supreme Court must
notify the result of the determination to a registrar of the Local Court
and no further appearance is required in that court by any party to
the proceeding.