sec.10.23AProceeding for offence against s 10 .21BA

### sec.10.23A Proceeding for offence against s 10 .21BA A charge of an offence against section 10 .21BA must be heard and decided summarily if the prosecution elects to have the offence heard and decided summarily. A Magistrates Court that summarily deals with the charge for the offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 . However, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. s 10.23A ins 2021 No. 24 s 51 (sec.10.23A-ssec.1) A charge of an offence against section 10 .21BA must be heard and decided summarily if the prosecution elects to have the offence heard and decided summarily. (sec.10.23A-ssec.2) A Magistrates Court that summarily deals with the charge for the offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 . (sec.10.23A-ssec.3) However, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. (sec.10.23A-ssec.4) If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. - (a) must be constituted by a magistrate; and - (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and - (c) may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 . - (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and - (b) the proceeding for the charge must be conducted as a committal proceeding; and - (c) a plea of the defendant at the start of the hearing must be disregarded; and - (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and - (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.