263Time for making election

263 Time for making election

263 Time for making election

(1) An election to have an offence dealt with on indictment must be made within the time fixed by the Local Court.

(2) An election may, with the leave of the Local Court, be made after the time so fixed if the Court is satisfied that special circumstances exist.

(3) However, an election may not be made after the following events—

(a) in the case of a plea of not guilty—the commencement of the taking of evidence for the prosecution in the summary trial,

(b) in the case of a plea of guilty—the presentation of the facts relied on by the prosecution to prove the offence.

(4) An election may be made on behalf of a corporation by a person appearing as a representative of the corporation.

(5) The jurisdiction of the Local Court under this section may be exercised by a registrar.

s 263 (previously s 23): Renumbered 2001 No 119, Sch 1 [84]. Am 2001 No 119, Sch 1 [89]; 2007 No 94, Sch 2.