Serious and Organised Crime (Control) Act 2008

An indictable offence against this Act may be charged on complaint and be prosecuted and dealt with by the Magistrates Court as a summary offence but, if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence.

For the avoidance of doubt, a person who is convicted of an offence that has been prosecuted and dealt with as a summary offence in accordance with this section is, despite that fact, taken to have been convicted of an indictable offence for the purposes of any Act or law.