sec.44Suspension of magistrate in relation to an indictable offence

### sec.44 Suspension of magistrate in relation to an indictable offence A magistrate is suspended from office immediately on the happening of any of the following whether in Queensland or in another State— the magistrate is arrested by a police officer on a charge of an indictable offence; the magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence; the magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate; A further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) . the magistrate is committed for trial or sentence by a court on a charge of an indictable offence; an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence. A magistrate’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial. A suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with. A suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with. A suspension also lapses if the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate. The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension. However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension. For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. In this section— committed , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence. complaint and summons includes— a notice to appear under the Police Powers and Responsibilities Act 2000 ; and an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person. indictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State. For indictments under a law of the State, see— the Criminal Code , section 1 , definition indictment ; and the Acts Interpretation Act 1954 , schedule 1 , definition indictment . s 44 amd 1993 No. 32 s 3 sch 1 sub 2003 No. 86 s 10 amd 2013 No. 39 s 111 sch 4 (sec.44-ssec.1) A magistrate is suspended from office immediately on the happening of any of the following whether in Queensland or in another State— the magistrate is arrested by a police officer on a charge of an indictable offence; the magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence; the magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate; A further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) . the magistrate is committed for trial or sentence by a court on a charge of an indictable offence; an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence. (sec.44-ssec.2) A magistrate’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial. (sec.44-ssec.3) A suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with. (sec.44-ssec.4) A suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with. (sec.44-ssec.5) A suspension also lapses if the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate. (sec.44-ssec.6) The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension. (sec.44-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension. (sec.44-ssec.8) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence. (sec.44-ssec.9) In this section— committed , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence. complaint and summons includes— a notice to appear under the Police Powers and Responsibilities Act 2000 ; and an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person. indictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State. For indictments under a law of the State, see— the Criminal Code , section 1 , definition indictment ; and the Acts Interpretation Act 1954 , schedule 1 , definition indictment . - (a) the magistrate is arrested by a police officer on a charge of an indictable offence; - (b) the magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence; - (c) the magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate; Example— A further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) . - (d) the magistrate is committed for trial or sentence by a court on a charge of an indictable offence; - (e) an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence. - (a) the magistrate is not convicted of any indictable offence; - (b) no charge of an indictable offence is proceeded with. - (a) the magistrate is not convicted of any indictable offence; - (b) no charge of an indictable offence is proceeded with. - (a) if the magistrate is suspended under subsection (1) —notice of the suspension; - (b) if the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension. - (a) a notice to appear under the Police Powers and Responsibilities Act 2000 ; and - (b) an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person. - (a) the Criminal Code , section 1 , definition indictment ; and - (b) the Acts Interpretation Act 1954 , schedule 1 , definition indictment .