QLDIn ForceAct
Justices Act 1886
sec.117Application of registry committals to indictable offences under other Acts
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### sec.117 Application of registry committals to indictable offences under other Acts
This section applies to an offence against a provision of another Act if—
the Act (the other Act ) provides that the offence is an indictable offence; and
whether or not the other Act allows for the summary conviction of a person charged with the offence, it makes provision, whether or not by reference to this Act, for the court to proceed by way of a committal proceeding in relation to the offence.
Under the Property Occupations Act 2014 , section 225 , a charge for an indictable offence under that Act, depending on circumstances as provided for in the section, at the level of a Magistrates Court, either could be heard and decided summarily, or could be the subject of a committal proceeding, effectively as provided for under this Act.
To remove any doubt, it is declared that if a person is charged with the offence, and the offence is not to be heard and decided summarily, the person may be committed for trial or sentence on the basis of a registry committal.
If there is a registry committal, it takes the place of any committal proceeding otherwise provided for in the other Act.
s 117 prev s 117 amd 1922 13 Geo 5 No. 2 s 6
om 1964 No. 32 s 49
pres s 117 ins 2010 No. 26 s 89
amd 2014 No. 22 s 287 sch 2 pt 2
(sec.117-ssec.1) This section applies to an offence against a provision of another Act if— the Act (the other Act ) provides that the offence is an indictable offence; and whether or not the other Act allows for the summary conviction of a person charged with the offence, it makes provision, whether or not by reference to this Act, for the court to proceed by way of a committal proceeding in relation to the offence. Under the Property Occupations Act 2014 , section 225 , a charge for an indictable offence under that Act, depending on circumstances as provided for in the section, at the level of a Magistrates Court, either could be heard and decided summarily, or could be the subject of a committal proceeding, effectively as provided for under this Act.
(sec.117-ssec.2) To remove any doubt, it is declared that if a person is charged with the offence, and the offence is not to be heard and decided summarily, the person may be committed for trial or sentence on the basis of a registry committal.
(sec.117-ssec.3) If there is a registry committal, it takes the place of any committal proceeding otherwise provided for in the other Act.
- (a) the Act (the other Act ) provides that the offence is an indictable offence; and
- (b) whether or not the other Act allows for the summary conviction of a person charged with the offence, it makes provision, whether or not by reference to this Act, for the court to proceed by way of a committal proceeding in relation to the offence.