sec.81Proceedings for indictable offences

### sec.81 Proceedings for indictable offences A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment. A magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied— the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances. If subsection (2) 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 (2) 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 under the Justices Act 1886 , section 104 (2) (b) . The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment. (sec.81-ssec.1) A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment. (sec.81-ssec.2) A magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied— the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances. (sec.81-ssec.3) If subsection (2) 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 (2) 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 under the Justices Act 1886 , section 104 (2) (b) . (sec.81-ssec.4) The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment. - (a) the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or - (b) on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances. - (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 (2) 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 under the Justices Act 1886 , section 104 (2) (b) .