sec.12Offences against Rail Safety National Law (Queensland)

### sec.12 Offences against Rail Safety National Law (Queensland) An offence against the Rail Safety National Law (Queensland) that has a penalty of more than 3 years imprisonment is an indictable offence that is a misdemeanour. A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 . A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment. A magistrate must not hear an indictable offence summarily— if, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or if satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and 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 subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) . The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment. A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence. However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3 . See also section 13 for the application of the double jeopardy rule for offences against the Rail Safety National Law (Queensland) . (sec.12-ssec.1) An offence against the Rail Safety National Law (Queensland) that has a penalty of more than 3 years imprisonment is an indictable offence that is a misdemeanour. (sec.12-ssec.2) A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 . (sec.12-ssec.3) A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment. (sec.12-ssec.4) A magistrate must not hear an indictable offence summarily— if, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or if satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and 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.12-ssec.5) If subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) . (sec.12-ssec.6) The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment. (sec.12-ssec.7) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence. (sec.12-ssec.8) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3 . - (a) by way of summary proceedings under the Justices Act 1886 ; or - (b) on indictment. - (a) if, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or - (b) if satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and 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. - (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and - (b) a plea of the person charged at the start of the proceeding must be disregarded; and - (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and - (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) . - (a) for the summary conviction of a person on a charge for an indictable offence; or - (b) for an examination of witnesses for a charge for an indictable offence.