ACTIn ForceAct
Magistrates Court Act 1930
88BCourt may waive committal proceedings
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88B Court may waive committal proceedings
(1) The court may commit an accused person for trial—
(a) on application by the person; and
(b) with the prosecutor’s consent.
Note If a form is approved under the Court Procedures Act 2004, s 8 for this
(2) If the court commits an accused person for trial under subsection (1)
and the person has been charged with a back-up or related offence—
(a) the prosecutor must tell the court about the back-up or related
(b) the court must transfer the proceeding for the back-up or related
offence to the Supreme Court, to be dealt with under the
Supreme Court Act 1933, part 8.
(3) Subsection (2) does not prevent the accused person being charged
with an offence after committal under subsection (1).
(4) However, if the accused person is charged with a back-up or related
offence after committal under subsection (1), the court must transfer
the proceeding for the offence to the Supreme Court, to be dealt with
under the Supreme Court Act 1933, part 8.
accused person means a person charged with an indictable offence.
Division 3.5.2 Indictable offences—beginning of
proceedings