109Procedure on completion of the evidence for the prosecution

109 Procedure on completion of the evidence for the prosecution (1) When all the evidence offered upon the part of the prosecution has been taken, the Court must consider whether it is sufficient to put the defendant on trial for any indictable offence. (2) If the Court is of the opinion that the evidence is not so sufficient, it shall forthwith order the defendant, if in custody, to be discharged as to the information then under inquiry. (3) If the Court is of opinion that the evidence is so sufficient, the Court may: (a) if the charge is one that may be heard and determined summarily under Division 2 – proceed in the manner directed and under the provisions in that behalf contained in Division 2; or

Local Court (Criminal Procedure) Act 1928 51 (b) unless the defendant is charged with an offence punishable by imprisonment for life, ask the defendant whether the defendant wishes to plead to the charge as provided in Division 3, and proceed as thereby directed; or (c) proceed with the examination as provided in the next succeeding sections.