sec.578Proceedings for offences against ch 8

### sec.578 Proceedings for offences against ch 8 This section applies to a proceeding for an offence against chapter 8 . Subject to subsections (2) to (4) , a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General. A proceeding for a prescribed offence may, at the election of the prosecution, be taken— in a summary way under the Justices Act 1886 ; or on indictment. 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 under the Justices of the Peace and Commissioners for Declarations Act 1991 . A proceeding for an offence in a summary way must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the complainant’s knowledge; whichever is the later. If— a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, 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 (6) — 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 (6) 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 under the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment. A prescribed offence is— for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or otherwise—a crime. In this section— prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 years imprisonment or more. s 578 amd 2010 No. 24 s 3 sch ; 2016 No. 44 s 44 (sec.578-ssec.1) This section applies to a proceeding for an offence against chapter 8 . (sec.578-ssec.1A) Subject to subsections (2) to (4) , a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of— the Regulator; or a person authorised for the purpose by the Regulator; or the Attorney-General. (sec.578-ssec.2) A proceeding for a prescribed offence may, at the election of the prosecution, be taken— in a summary way under the Justices Act 1886 ; or on indictment. (sec.578-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.578-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 under the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.578-ssec.5) A proceeding for an offence in a summary way must start— within 1 year after the commission of the offence; or within 6 months after the commission of the offence comes to the complainant’s knowledge; whichever is the later. (sec.578-ssec.6) If— a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, 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.578-ssec.7) If a magistrate acts under subsection (6) — 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 (6) 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 under the Justices Act 1886 , section 104 (2) (b) . (sec.578-ssec.8) The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment. (sec.578-ssec.9) A prescribed offence is— for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or otherwise—a crime. (sec.578-ssec.10) In this section— prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 years imprisonment or more. - (a) the Regulator; or - (b) a person authorised for the purpose by the Regulator; or - (c) the Attorney-General. - (a) in a summary way under the Justices Act 1886 ; or - (b) on indictment. - (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) within 1 year after the commission of the offence; or - (b) within 6 months after the commission of the offence comes to the complainant’s knowledge; - (a) a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, 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 (6) 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 under the Justices Act 1886 , section 104 (2) (b) . - (a) for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or - (b) otherwise—a crime.