Criminal Code Act 1899

A Magistrates Court must abstain from dealing summarily with a charge under section 552A, 552B or 552BA if satisfied, at any stage, 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.

A Magistrates Court must abstain from dealing summarily with a charge under section 552BA if—

the charge has been laid against the defendant as an alternative to a charge for another offence (the main offence); and

the main offence is an indictable offence that is not required to be heard and decided summarily under this chapter.

A Magistrates Court must abstain from dealing summarily with a charge under section 552BA if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.Examples of exceptional circumstances—

1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.

2 There is an important issue of law involved.

3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.

A Magistrates Court must abstain from dealing summarily with a charge of a prescribed offence if the defendant is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.

If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.

In this section—prescribed offence see the Penalties and Sentences Act 1992, section 161N. sch 1 pt 8 ch 58A s 552D ins 1997 No. 3 s 96