sec.242Proceedings for indictable offences

### sec.242 Proceedings for indictable offences Subject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily. A Magistrates Court must not deal summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily. If subsection (2) applies to a Magistrates Court— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding; and to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding. This section does not apply to a charge of an indictable offence against section 201D . s 242 sub 2018 No. 8 s 28 amd 2020 No. 20 s 122 (sec.242-ssec.1) Subject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily. (sec.242-ssec.2) A Magistrates Court must not deal summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily. (sec.242-ssec.3) If subsection (2) applies to a Magistrates Court— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding; and to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding. (sec.242-ssec.4) This section does not apply to a charge of an indictable offence against section 201D . - (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and - (b) the defendant’s plea at the start of the hearing must be disregarded; and - (c) the evidence already heard by the court must be taken to be evidence in the committal proceeding; and - (d) to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.