10Listing of matter for mention hearing or filing hearing in the Magistrates' Court

10 Listing of matter for mention hearing or filing hearing in the Magistrates' Court

(1) If a charge-sheet contains a charge for a summary offence, the proceeding must be listed for a mention hearing.

(2) Subject to subsection (3), if a charge-sheet contains a charge for an indictable offence that may be heard and determined summarily, the proceeding may be listed for a mention hearing or a filing hearing, having regard to any request for a committal proceeding included on the charge-sheet.

(3) If a notice to appear is served under section 21 and a charge-sheet is filed in accordance with section 22, the proceeding must be listed for a mention hearing on the date specified in the notice to appear.

(4) Despite subsections (1) and (2), if a charge-sheet contains a charge for an indictable offence that is not an indictable offence that may be heard and determined summarily, the proceeding must be listed for a filing hearing.

1 A mention hearing is the first hearing for a charge that will be heard and determined summarily.

2 A filing hearing is the first stage in a committal proceeding under Chapter 4.

3 Section 28(1) sets out the indictable offences that may be heard and determined summarily.

11 Place of hearing

(1) A criminal proceeding in the Magistrates' Court is to be heard at the venue of the court that is nearest to—

(a) the place where the offence is alleged to have been committed; or

(b) the place of residence of the accused—

except where otherwise provided by this or any other Act or by a nomination under subsection (2).

Note to s. 11(1) amended by No. 33/2018 ss 38, 46.

Part 2 of the Magistrates' Court Act 1989 sets out the special requirements for matters that may be heard in the various Divisions of the Magistrates' Court: the Drug Court Division, the Koori Court Division, the Specialist Family Violence Court Division and the Neighbourhood Justice Division.

(2) The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Magistrates' Court as a venue for the hearing of a specified criminal proceeding or a specified class of criminal proceeding.

(3) A criminal proceeding in the Magistrates' Court is not invalid only because it was conducted at a venue of the court other than the venue referred to in subsection (1) or nominated under subsection (2).

Part 2.3—Notifying accused of court appearance

Division 1—Summons or warrant to arrest

12 Court may issue summons or warrant to arrest