sec.23EBManagement by clerk of the court of charge pending finalisation of proceeding under ex officio indictment

### sec.23EB Management by clerk of the court of charge pending finalisation of proceeding under ex officio indictment A court may, under this section, refer to the clerk of the court a charge before the court, but only if the defendant in relation to the charge— is represented by a lawyer; and is not in custody; and is not in breach of any condition of the undertaking on which the defendant was granted bail. A charge (the relevant charge ) may be referred to the clerk of the court if— it is a charge for an indictable offence; and the prosecution and the defendant advise the court they are agreed that— an indictment for the offence the subject of the relevant charge has been or is to be presented under the Criminal Code , section 561 ; or an indictment for another indictable offence (the other offence ) has been or is to be presented under the Criminal Code , section 561 , and the other offence arises out of the same set of circumstances alleged in relation to the relevant charge. If the relevant charge is referred under this section— the clerk of the court has the following functions— keeping the relevant charge under review; referring the relevant charge back to the court if— the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or the prosecution or the defendant asks the clerk of the court to do so; and the registrar of the court in which the indictment mentioned in subsection (2) (b) (i) or (ii) is presented must, within 1 calendar month after the relevant charge or the charge for the other offence is disposed of in that court, advise the clerk of the court of the fact. If the clerk of the court is advised under subsection (3) (b) , no further appearance is required in the Magistrates Court by any party to the proceeding for the relevant charge. The functions of the clerk of the court under this section do not include any function in relation to bail. See the Bail Act 1980 , section 34BB (Varying bail for charge for indictable offence referred to clerk of the court under Justices Act 1886). If the relevant charge is referred back to the court under subsection (3) (a) (ii) , the clerk of the court must give reasonable notice, in writing, to all parties to the proceeding— advising that the relevant charge has been referred back to the court; and stating the time and place for the next hearing of the proceeding in the court. s 23EB ins 2010 No. 26 s 73 (sec.23EB-ssec.1) A court may, under this section, refer to the clerk of the court a charge before the court, but only if the defendant in relation to the charge— is represented by a lawyer; and is not in custody; and is not in breach of any condition of the undertaking on which the defendant was granted bail. (sec.23EB-ssec.2) A charge (the relevant charge ) may be referred to the clerk of the court if— it is a charge for an indictable offence; and the prosecution and the defendant advise the court they are agreed that— an indictment for the offence the subject of the relevant charge has been or is to be presented under the Criminal Code , section 561 ; or an indictment for another indictable offence (the other offence ) has been or is to be presented under the Criminal Code , section 561 , and the other offence arises out of the same set of circumstances alleged in relation to the relevant charge. (sec.23EB-ssec.3) If the relevant charge is referred under this section— the clerk of the court has the following functions— keeping the relevant charge under review; referring the relevant charge back to the court if— the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or the prosecution or the defendant asks the clerk of the court to do so; and the registrar of the court in which the indictment mentioned in subsection (2) (b) (i) or (ii) is presented must, within 1 calendar month after the relevant charge or the charge for the other offence is disposed of in that court, advise the clerk of the court of the fact. (sec.23EB-ssec.4) If the clerk of the court is advised under subsection (3) (b) , no further appearance is required in the Magistrates Court by any party to the proceeding for the relevant charge. (sec.23EB-ssec.5) The functions of the clerk of the court under this section do not include any function in relation to bail. See the Bail Act 1980 , section 34BB (Varying bail for charge for indictable offence referred to clerk of the court under Justices Act 1886). (sec.23EB-ssec.6) If the relevant charge is referred back to the court under subsection (3) (a) (ii) , the clerk of the court must give reasonable notice, in writing, to all parties to the proceeding— advising that the relevant charge has been referred back to the court; and stating the time and place for the next hearing of the proceeding in the court. - (a) is represented by a lawyer; and - (b) is not in custody; and - (c) is not in breach of any condition of the undertaking on which the defendant was granted bail. - (a) it is a charge for an indictable offence; and - (b) the prosecution and the defendant advise the court they are agreed that— (i) an indictment for the offence the subject of the relevant charge has been or is to be presented under the Criminal Code , section 561 ; or (ii) an indictment for another indictable offence (the other offence ) has been or is to be presented under the Criminal Code , section 561 , and the other offence arises out of the same set of circumstances alleged in relation to the relevant charge. - (i) an indictment for the offence the subject of the relevant charge has been or is to be presented under the Criminal Code , section 561 ; or - (ii) an indictment for another indictable offence (the other offence ) has been or is to be presented under the Criminal Code , section 561 , and the other offence arises out of the same set of circumstances alleged in relation to the relevant charge. - (i) an indictment for the offence the subject of the relevant charge has been or is to be presented under the Criminal Code , section 561 ; or - (ii) an indictment for another indictable offence (the other offence ) has been or is to be presented under the Criminal Code , section 561 , and the other offence arises out of the same set of circumstances alleged in relation to the relevant charge. - (a) the clerk of the court has the following functions— (i) keeping the relevant charge under review; (ii) referring the relevant charge back to the court if— (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or (B) the prosecution or the defendant asks the clerk of the court to do so; and - (i) keeping the relevant charge under review; - (ii) referring the relevant charge back to the court if— (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or (B) the prosecution or the defendant asks the clerk of the court to do so; and - (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or - (B) the prosecution or the defendant asks the clerk of the court to do so; and - (b) the registrar of the court in which the indictment mentioned in subsection (2) (b) (i) or (ii) is presented must, within 1 calendar month after the relevant charge or the charge for the other offence is disposed of in that court, advise the clerk of the court of the fact. - (i) keeping the relevant charge under review; - (ii) referring the relevant charge back to the court if— (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or (B) the prosecution or the defendant asks the clerk of the court to do so; and - (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or - (B) the prosecution or the defendant asks the clerk of the court to do so; and - (A) the clerk of the court considers this should be done to ensure the hearing of the relevant charge is not unnecessarily delayed; or - (B) the prosecution or the defendant asks the clerk of the court to do so; and - (a) advising that the relevant charge has been referred back to the court; and - (b) stating the time and place for the next hearing of the proceeding in the court.