Transmission of charge of summarily‑triable offence
390 Transmission of charge of summarily‑triable offence
This section applies if:
an indictment has been presented against a person; and
(b) the person has been charged with a summarily‑triable offence, whether the charge was laid before or after the indictment was presented.
(2) If the person wishes to have the charge of the summarily‑triable offence heard and determined by the Supreme Court under section 389, the person may apply to a registrar of the Local Court to transmit the charge to a Registrar of the Supreme Court.
The application must be:
made as a written statutory declaration; and
contain the following:
details of the charge to be transmitted;
(ii) a statement that the applicant wishes to have the charge transmitted to the Supreme Court;
(iii) a statement of the applicant's intention to plead guilty to the charge.
(4) The registrar of the Local Court must transmit the charge to a Registrar of the Supreme Court if satisfied:
the application meets the requirements of this section; and
(b) the Local Court has not started hearing sentencing submissions in relation to the charge.
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