sec.493Proceedings for indictable offences

### sec.493 Proceedings for indictable offences A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment. Subsection (3) applies if— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment. The magistrate— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence. If a magistrate acts under subsection (3) — 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 (3) 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.493-ssec.1) A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment. (sec.493-ssec.2) Subsection (3) applies if— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment. (sec.493-ssec.3) The magistrate— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence. (sec.493-ssec.4) If a magistrate acts under subsection (3) — 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 (3) 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) . - (a) by way of summary proceedings under the Justices Act 1886 ; or - (b) on indictment. - (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or - (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment. - (a) must not decide the charge as a summary offence; and - (b) 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 (3) is taken to be evidence in the proceeding for 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 under the Justices Act 1886 , section 104 (2) (b) .