Limitation on who may summarily hear indictable offence proceedings

Current

(1)

A proceeding must be before a magistrate if it is a proceeding—

(a)

for the summary conviction of a person on a charge for an indictable offence; or

(b)

for an examination of witnesses for a charge for an indictable offence.

(2)

However, if a proceeding for an indictable 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.

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146 Limitation on who may summarily hear indictable offence proceedings