sec.931Proceedings for offences

### sec.931 Proceedings for offences Subject to subsection (2) , a proceeding for an offence by way of a summary proceeding under the Justices Act 1886 must start within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence. A proceeding for a prescribed offence may, at the election of the prosecution, be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment. A prescribed offence is— for a prescribed offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or otherwise—a misdemeanour. A proceeding must be before a magistrate if it is a proceeding— with a view to the summary conviction of a person on a charge of a prescribed offence; or for an examination of witnesses in relation to a charge for a prescribed offence. However, if a proceeding for a prescribed 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 . If— a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and decide the charge as a summary offence; but must proceed by way of an examination of witnesses in relation to an indictable offence. If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding with a view to 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 in accordance with the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 500 penalty units or imprisonment for 1 year. If a person other than the chief executive brings a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding. s 931 amd 2003 No. 25 s 127 (sec.931-ssec.1) Subject to subsection (2) , a proceeding for an offence by way of a summary proceeding under the Justices Act 1886 must start within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence. (sec.931-ssec.2) A proceeding for a prescribed offence may, at the election of the prosecution, be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment. (sec.931-ssec.2A) A prescribed offence is— for a prescribed offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or otherwise—a misdemeanour. (sec.931-ssec.3) A proceeding must be before a magistrate if it is a proceeding— with a view to the summary conviction of a person on a charge of a prescribed offence; or for an examination of witnesses in relation to a charge for a prescribed offence. (sec.931-ssec.4) However, if a proceeding for a prescribed 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 . (sec.931-ssec.5) If— a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and decide the charge as a summary offence; but must proceed by way of an examination of witnesses in relation to an indictable offence. (sec.931-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding with a view to 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 in accordance with the Justices Act 1886 , section 104 (2) (b) . (sec.931-ssec.7) The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 500 penalty units or imprisonment for 1 year. (sec.931-ssec.8) If a person other than the chief executive brings a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding. - (a) 1 year after the commission of the offence; or - (b) 1 year after the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence. - (a) by way of summary proceedings under the Justices Act 1886 ; or - (b) on indictment. - (a) for a prescribed offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or - (b) otherwise—a misdemeanour. - (a) with a view to the summary conviction of a person on a charge of a prescribed offence; or - (b) for an examination of witnesses in relation to a charge for a prescribed offence. - (a) a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or - (b) the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment; - (c) must not hear and decide the charge as a summary offence; but - (d) must proceed by way of an examination of witnesses in relation to an indictable offence. - (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and - (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and - (c) before committing the person for trial or sentence the magistrate must make a statement to the person in accordance with the Justices Act 1886 , section 104 (2) (b) .