ACTIn ForceAct
Magistrates Court Act 1930
94Discharge or committal for trial
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94 Discharge or committal for trial
(1) When all the evidence for the prosecution and the defence have been
taken in relation to the indictable offence with which the accused
person is charged, the court must—
(a) if the court is satisfied, having regard to all the evidence before
it, that there is no reasonable prospect that the person would be
found guilty of an indictable offence—if the person is in custody
in relation to the offence, immediately order that the person be
released from custody in relation to the offence; or
Division 3.5.3 Indictable offences—proceedings after hearing of evidence
(b) if the court is not satisfied as mentioned in paragraph (a)—
commit the person for trial.
(2) If the accused person is committed for trial under subsection (1) and
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 (Back-up and related offences).
(3) Subsection (2) does not prevent the accused person being charged
with an offence after committal under subsection (1) (b).
(4) However, if the accused person is charged with a back-up or related
offence after committal under subsection (1) (b), 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.
Note 1 For the meaning of commit a person for trial, see the Legislation Act,
dict, pt 1.
Note 2 The court must issue a warrant for the remand of the defendant in the