60Committal of defendant to Supreme Court

### 60 Committal of defendant to Supreme Court > *\[Section 60 Repealed by No. 108 of 1974, s. 18 \]* > > > (1)  The justices must commit to the Supreme Court for sentence or trial, on a day to be fixed by the Supreme Court, a defendant charged with an indictable offence – > > > > > > (a) if the defendant pleads guilty to that offence, or to another indictable offence of which he or she might be convicted on an indictment for the offence charged, and the offence to which the defendant pleads guilty is one – > > > > > > > > > > (i) which must be tried in the Supreme Court; or > > > > > > > > > > > (ii) in respect of which the defendant under [section 72](#GS72@EN) may elect to be tried or sentenced by justices or in the Supreme Court and the defendant elects to be sentenced in the Supreme Court; or > > > > > > > (b) if the defendant pleads not guilty to the offence charged, or enters a plea referred to in [section 59(1)(d)](#GS59@Gs1@Hpd@EN) , [(e)](#GS59@Gs1@Hpe@EN) or [(f)](#GS59@Gs1@Hpf@EN) , and the offence is one – > > > > > > > > > > (i) which must be tried in the Supreme Court; or > > > > > > > > > > > (ii) in respect of which the defendant under [section 72](#GS72@EN) may elect to be tried or sentenced by justices or in the Supreme Court and the defendant elects to be tried in the Supreme Court. > > > (2)  Despite a defendant having elected to have the offence with which he or she is charged tried or sentenced by justices, the justices may commit the defendant to the Supreme Court for trial or sentence if the justices consider it appropriate to do so. > > > (3)  On the making of an order under [subsection (1)](#GS60@Gs1@EN) or [(2)](#GS60@Gs2@EN) that a defendant be committed for sentence or trial – > > > > > > (a) the justices must remand the defendant in custody or admit him or her to bail to appear before the Supreme Court on a day to be fixed by the Supreme Court; and > > > > > > > (b) the clerk of petty sessions is to forward to the Supreme Court and to the Director of Public Prosecutions the documents and other materials prescribed by the rules of court. > > > (4)  [*\[Section 60 Subsection (4) inserted by No. 27 of 2020, s. 14, Applied:01 Jul 2021\]*](/view/html/inforce/2021-07-01/act-2020-027#GS14@EN) Despite [subsection (1)](#GS60@Gs1@EN) , the justices may refuse to make an order under that subsection in respect of a defendant charged with an indictable offence if – > > > > > > (a) [subsection (1)(b)](#GS60@Gs1@Hpb@EN) applies in respect of the defendant; and > > > > > > > (b) [*\[Section 60 Subsection (4) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja14@GC2@EN) the justices are satisfied that – > > > > > > > > > > (i) preliminary proceedings have commenced under [Division 3](#HPVII@HD3@EN) in relation to the offence; or > > > > > > > > > > > (ii) a preliminary proceedings order is being, or will be, sought or has been granted in relation to the offence.