308Trial before magistrate

308 Trial before magistrate

[Section 308 Amended by 25 Geo. V No. 78 ][Section 308 Amended by No. 55 of 1965, s. 5 ][Section 308 Amended by No. 30 of 1973, s. 14 ]**[Section 308 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  In any case in which it appears to a judge that the punishment provided in this section will be adequate for the circumstances of the particular case, he may order that the accused shall be tried summarily before a magistrate as hereinafter provided.

(2)  Any such order as aforesaid may provide for the time and place of trial, and for admitting the accused person to bail, and the provisions of section 307 shall apply to any recognizances in any such cases in the same manner as if such order were made under that section.

(3)  Where in any case any such order as aforesaid is made, the magistrate hearing such case in pursuance thereof shall, for the purposes of the conduct of the trial of the accused, have the powers and jurisdiction of a judge on the trial of an accused person upon indictment.

(4)  A magistrate to whom the trial of any person has been remitted under the provisions of this section shall, upon conviction of the accused person, have power to inflict a sentence of a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.

(5)  No order shall be made for the imprisonment for non-payment of any fine imposed under the provisions of this section for any term exceeding 6 months.

(6)  In any case in which the trial of an accused person has been so remitted as aforesaid, to the magistrate before whom he was committed for trial, he may be tried upon the depositions taken upon his committal for trial, and such other evidence as may be adduced upon either side.

(7)  An order shall only be made under subsection (1) on an application made to a judge in chambers or in an open court, and no such application shall be made otherwise than by, or with the consent of, the accused person.

(8)  .  .  .  .  .  .  .  .  

(9)  Every conviction and sentence made or imposed under the provisions of this section shall be subject to appeal in the same manner in every respect as a conviction or sentence in the Supreme Court, and for the purposes of any such appeal the magistrate before whom the accused person was so tried as aforesaid shall be deemed to be the judge of the court of trial.