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Justices Act 1959
72BHearings under this Part
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### 72B Hearings under this Part
> *\[Section 72B Inserted by No. 108 of 1974, s. 22 \]*
>
> > (1) Where a charge is heard and determined summarily under this Part –
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> > > > (a) the complaint shall be deemed good and sufficient for the purposes of [Part VI](#HPVI@EN) ; and
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> > > > (b) the defendant or any one of joint defendants may, if he is found not guilty of the offence with which he is charged, be convicted of any other offence of which he might be convicted on an indictment charging the same facts if it is established by the evidence to have been committed by him.
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> > (2) [*\[Section 72B Subsection (2) amended by No. 22 of 2007, s. 16, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS16@Hpb@EN) [*\[Section 72B Subsection (2) amended by No. 22 of 2007, s. 16, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS16@Hpa@EN) *\[Section 72B Subsection (2) amended by No. 45 of 1986, s. 15 \]*If, during the hearing of a charge to be determined under this Part, the defendant requests or the justices consider for any reason that the charge should be dealt with in the Supreme Court, the justices shall–
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> > > > (a) if they have not convicted the defendant, either abandon the hearing and begin again in accordance with [Part VII](#HPVII@EN) or complete it and convict or discharge the defendant and if they convict him commit him to the Supreme Court for sentence; or
> > >
> > > > (b) if they have convicted the defendant, commit him to the Supreme Court for sentence.
>
> > (3) Where a person has been committed for sentence after conviction as provided in [subsection (2)](#GS72B@Gs2@EN) –
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> > > > (a) [*\[Section 72B Subsection (3) amended by No. 22 of 2007, s. 16, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS16@Hpc@EN) [section 60](#GS60@EN) applies as nearly as possible as if he had pleaded guilty when charged with his offence, but so that the conviction stands, unless it is subsequently quashed by the Supreme Court; and
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> > > > (b) the justices shall transmit to the Registrar of the Supreme Court a statement from the record made by them pursuant to [section 50A](#GS50A@EN) containing particulars of the facts found by them, together with a report of their reasons for committing.
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> > (4) [*\[Section 72B Subsection (4) omitted by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja9@GC2@EN) . . . . . . . .