Local Government Act 2009

An offence against section 201D is a misdemeanour.

A proceeding for an offence against section 201D may be started only with the written consent of the director of public prosecutions.

A proceeding for an offence against section 201D may be taken, at the election of the prosecution—

by way of summary proceeding under the Justices Act 1886; or

on indictment.

However, a magistrate must not hear an indictable offence against section 201D summarily if 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 (4) applies—

the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and

the proceeding for the charge must be conducted as a committal proceeding; and

a plea of the defendant at the start of the hearing must be disregarded; and

the evidence already heard by the court is taken to be evidence in the committal proceeding; and

the Justices Act 1886, section 104 must be complied with for the committal proceeding.

A Magistrates Court that summarily deals with a charge of an offence against section 201D—

must be constituted by a magistrate; and

has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

In this section—