121AOffences that may be dealt with summarily

121A Offences that may be dealt with summarily (1) Subject to section 122A, the Court may hear and determine the charge of an indictable offence summarily if: (a) the offence is: (i) punishable by not more than 10 years imprisonment; or (ii) against section 218 of the Criminal Code, except an offence to which an aggravating circumstance in section 219(1) applies; or (iii) against section 221 of the Criminal Code, except an offence to which an aggravating circumstance in section 222(1)(c) or (d) of the Code applies; or (iv) against section 228AO of the Criminal Code; and (b) in the opinion of the Court, the charge is not one that the Court could, apart from this section, hear and determine summarily; and (c) the defendant consents to it being so disposed of; and (d) the prosecutor consents to it being so disposed of; and (e) the Court is of the opinion that the charge should be heard and determined summarily. (2) The Court may seek from the prosecutor and the prosecutor must give to the Court, an outline of the evidence that will be presented for the prosecution, for the purpose of enabling the Court to determine whether to hear and determine the charge summarily. (3) A statement made by the prosecutor under subsection (2) is not admissible in evidence in a subsequent proceeding in respect of the (4) Subject to subsection (5), a person the subject of a charge that is being heard summarily under subsection (1) and who, in respect of the charge, is represented by a legal practitioner, may, at any stage of the proceedings relating to the hearing of that charge, plead guilty to that charge. (5) The Court hearing a charge summarily under subsection (1) must not, in respect of that charge, accept a plea of guilty under and in accordance with subsection (4) from the person the subject of that charge unless the Court is of the opinion that to accept the plea of guilty is proper.

Local Court (Criminal Procedure) Act 1928 56