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 (1) On the filing of a charge-sheet under section 6, an application may be made to a registrar of the Magistrates' Court for the issue of— (a) a summons to answer to the charge directed to the accused; or (b) a warrant to arrest in order to compel the attendance of the accused— unless a notice to appear has been served on the accused under Division 2. Note to s. 12(1) inserted by No. 1/2016 s. 22(2). There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the **Children, Youth and Families Act 2005**. (2) An application under subsection (1)(b) must be made by the informant personally but an application under subsection (1)(a) may be made by the informant or a person on behalf of the informant. S. 12(3) amended by No. 20/2025 s. 6. (3) An application under subsection (1) may be made by the applicant in person, by post, by electronic communication or otherwise in accordance with the manner prescribed by the rules of court. (4) On an application under subsection (1), the registrar must, if satisfied that the charge discloses an offence known to law, issue— (a) a summons to answer to the charge; or (b) subject to subsection (5), a warrant to arrest. S. 12(5) amended by No. 6/2018 s. 68(Sch. 2 item 38.1). (5) A registrar of the Magistrates' Court must not issue in the first instance a warrant to arrest unless satisfied by sworn or affirmed evidence, whether oral or by affidavit, that— (a) it is probable that the accused will not answer a summons; or (b) the accused has absconded, is likely to abscond or is avoiding service of a summons that has been issued; or (c) a warrant is required or authorised by any other Act or for other good cause. 1 If an accused fails to appear in answer to a summons, sections 80 and 81 provide for the issue of a warrant to arrest the accused. Section 330 provides for the issue of a warrant to arrest a person who has been remanded in custody or granted bail to attend a hearing but fails to attend. 2 Section 29 of the **Magistrates' Court Act 1989** enables a magistrate to exercise the powers of a registrar to issue a summons or warrant. S. 13 amended by No. 68/2009 s. 4(a).