QLDIn ForceAct
Dangerous Prisoners (Sexual Offenders) Act 2003
sec.43AEWhen Magistrates Court must abstain from jurisdiction
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### sec.43AE When Magistrates Court must abstain from jurisdiction
A Magistrates Court must abstain from dealing summarily with a charge under section 43AC if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.
If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.
s 43AE ins 2014 No. 39 s 41
(sec.43AE-ssec.1) A Magistrates Court must abstain from dealing summarily with a charge under section 43AC if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.
(sec.43AE-ssec.2) If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.