sec.118Proceedings for offences

### sec.118 Proceedings for offences Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act or for an examination of witnesses in relation to an indictable offence defined in this Act shall be before a magistrate. However, any justice may adjourn such proceedings and may grant or refuse bail. Where an offence may be prosecuted on indictment or summarily the proceedings before a magistrate shall be proceedings with a view to the committal of the defendant for trial or sentence unless the prosecution elects that they shall be proceedings with a view to summary conviction. Where proceedings have been commenced against a person upon a charge of a crime defined in part 2 a magistrate has jurisdiction to hear and determine the proceedings with a view to the summary conviction of the person upon the charge, notwithstanding that the proceedings have commenced more than 1 year after the matter to which the charge relates arose. Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act may be heard and determined at a place appointed for the holding of Magistrates Courts in any district appointed for the purpose of Magistrates Courts under the Justices Act 1886 or in any division deemed to be such a district, regardless of where the offence was committed. Subsection (3A) shall not be construed to confer jurisdiction in a case to which the Justices Act 1886 , section 139 (3) or the Bail Act 1980 , section 33A applies except in accordance with whichever of those sections is applicable. Where proceedings are taken with a view to summary conviction of a defendant and the magistrate forms the opinion that the charge ought to be prosecuted on indictment, the magistrate shall abstain from determining the charge summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence. Where, pursuant to subsection (4) , the magistrate abstains from determining summarily proceedings in respect of a charge— the plea of the defendant taken at the outset of the hearing shall be disregarded; and the evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and before committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 . s 118 (prev s 45) amd 1987 No. 53 s 10 ; 1988 No. 105 s 34 renum 2002 No. 35 s 11 (sec.118-ssec.1) Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act or for an examination of witnesses in relation to an indictable offence defined in this Act shall be before a magistrate. (sec.118-ssec.1A) However, any justice may adjourn such proceedings and may grant or refuse bail. (sec.118-ssec.2) Where an offence may be prosecuted on indictment or summarily the proceedings before a magistrate shall be proceedings with a view to the committal of the defendant for trial or sentence unless the prosecution elects that they shall be proceedings with a view to summary conviction. (sec.118-ssec.3) Where proceedings have been commenced against a person upon a charge of a crime defined in part 2 a magistrate has jurisdiction to hear and determine the proceedings with a view to the summary conviction of the person upon the charge, notwithstanding that the proceedings have commenced more than 1 year after the matter to which the charge relates arose. (sec.118-ssec.3A) Proceedings with a view to the summary conviction of a person upon a charge of an offence defined in this Act may be heard and determined at a place appointed for the holding of Magistrates Courts in any district appointed for the purpose of Magistrates Courts under the Justices Act 1886 or in any division deemed to be such a district, regardless of where the offence was committed. (sec.118-ssec.3B) Subsection (3A) shall not be construed to confer jurisdiction in a case to which the Justices Act 1886 , section 139 (3) or the Bail Act 1980 , section 33A applies except in accordance with whichever of those sections is applicable. (sec.118-ssec.4) Where proceedings are taken with a view to summary conviction of a defendant and the magistrate forms the opinion that the charge ought to be prosecuted on indictment, the magistrate shall abstain from determining the charge summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence. (sec.118-ssec.5) Where, pursuant to subsection (4) , the magistrate abstains from determining summarily proceedings in respect of a charge— the plea of the defendant taken at the outset of the hearing shall be disregarded; and the evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and before committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 . - (a) the plea of the defendant taken at the outset of the hearing shall be disregarded; and - (b) the evidence adduced in the proceedings before the magistrate’s decision to abstain shall be deemed to be evidence in the proceedings with a view to the committal of the defendant for trial or sentence; and - (c) before committing the defendant for trial or sentence the magistrate shall address the defendant in accordance with the Justices Act 1886 , section 104 .