sec.40BProceeding for offence against s 40A

### sec.40B Proceeding for offence against s 40A An offence against section 40A is a misdemeanour. A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions. A proceeding for an offence against section 40A may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment. However, a magistrate must not hear an indictable offence against section 40A summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) . If subsection (4) applies— 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 a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. A Magistrates Court that summarily deals with a charge of an offence against section 40A — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose. In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 . s 40B ins 2020 No. 20 s 62 (sec.40B-ssec.1) An offence against section 40A is a misdemeanour. (sec.40B-ssec.2) A proceeding for an offence against section 40A may be started only with the written consent of the director of public prosecutions. (sec.40B-ssec.3) A proceeding for an offence against section 40A may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment. (sec.40B-ssec.4) However, a magistrate must not hear an indictable offence against section 40A summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) . (sec.40B-ssec.5) If subsection (4) applies— 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 a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. (sec.40B-ssec.6) A Magistrates Court that summarily deals with a charge of an offence against section 40A — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose. (sec.40B-ssec.7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 . - (a) by way of summary proceeding under the Justices Act 1886 ; or - (b) on indictment. - (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) a plea of the defendant at the start of the hearing must be disregarded; and - (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and - (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding. - (a) must be constituted by a magistrate; and - (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.