sec.61Criminal jurisdiction if maximum penalty more than 20 years

### sec.61 Criminal jurisdiction if maximum penalty more than 20 years The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years. However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years— an offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act; an offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ; an offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 . Subsection (2) applies to an offence mentioned in subsection (2) (b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence. Also, subsection (5) applies in relation to a person charged with a prescribed offence if the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q is alleged to exist in relation to the offence. For applying subsection (1) to the person, the mandatory component of the sentence that must be imposed for the prescribed offence under the Penalties and Sentences Act 1992 , section 161R (2) must be disregarded. In this section— prescribed offence see the Penalties and Sentences Act 1992 , section 161N . s 61 sub 1989 No. 40 s 5 amd 1990 No. 88 s 3 sch ; 1997 No. 3 s 122 sch 2 sub 1999 No. 66 s 19 amd 2000 No. 63 s 276 sch 2 ; 2002 No. 23 s 3 sch ; 2003 No. 13 s 106 sch 1 ; 2004 No. 8 s 16 ; 2006 No. 29 s 518 sch 3 ; 2007 No. 37 s 50 ; 2008 No. 55 s 150 sch ; 2010 No. 26 s 48 ; 2016 No. 50 s 40 sch 1 ; 2016 No. 62 s 162 ; 2020 No. 15 s 68 ; 2024 No. 23 s 20 (sec.61-ssec.1) The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years. (sec.61-ssec.2) However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years— an offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act; an offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ; an offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 . (sec.61-ssec.3) Subsection (2) applies to an offence mentioned in subsection (2) (b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence. (sec.61-ssec.4) Also, subsection (5) applies in relation to a person charged with a prescribed offence if the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q is alleged to exist in relation to the offence. (sec.61-ssec.5) For applying subsection (1) to the person, the mandatory component of the sentence that must be imposed for the prescribed offence under the Penalties and Sentences Act 1992 , section 161R (2) must be disregarded. (sec.61-ssec.6) In this section— prescribed offence see the Penalties and Sentences Act 1992 , section 161N . - (a) an offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act; - (b) an offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ; - (c) an offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 .