sec.378Proceedings for indictable offences

sec.378 Proceedings for indictable offences

A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment. A magistrate must not hear an indictable offence summarily if— the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. 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 as required by the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment. s 378 (prev s 147) renum 2010 No. 5 s 56 (3) sch 2 amdt 80 amd 2019 No. 18 s 63 (sec.378-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment. (sec.378-ssec.2) A magistrate must not hear an indictable offence summarily if— the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. (sec.378-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 as required by the Justices Act 1886 , section 104 (2) (b) . (sec.378-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.