sec.181Prosecution of offences

### sec.181 Prosecution of offences This section applies to offences against this Act. An offence that has a maximum penalty of more than 3 years imprisonment is an indictable offence. A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 . Subject to subsection (6) , a proceeding on a charge for an indictable offence must be heard and decided summarily. The maximum term of imprisonment that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment. A Magistrates Court must abstain from dealing summarily with a charge for an indictable offence— 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; or if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily. If the court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding. The Justices Act 1886 , section 104 must be complied with for the committal proceeding. s 181 sub 2015 No. 17 s 8 (sec.181-ssec.1) This section applies to offences against this Act. (sec.181-ssec.2) An offence that has a maximum penalty of more than 3 years imprisonment is an indictable offence. (sec.181-ssec.3) A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 . (sec.181-ssec.4) Subject to subsection (6) , a proceeding on a charge for an indictable offence must be heard and decided summarily. (sec.181-ssec.5) The maximum term of imprisonment that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment. (sec.181-ssec.6) A Magistrates Court must abstain from dealing summarily with a charge for an indictable offence— 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; or if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily. (sec.181-ssec.7) If the court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding. (sec.181-ssec.8) The Justices Act 1886 , section 104 must be complied with for the committal proceeding. - (a) 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; or - (b) if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily. - (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and - (b) the proceeding for the charge must be conducted as a committal proceeding; and - (c) the defendant’s plea at the start of the hearing must be disregarded; and - (d) the evidence already heard by the court must be taken to be evidence in the committal proceeding.