Early committal—if not every accused is charged with applicable offence
127E Early committal—if not every accused is charged with applicable offence
S. 127E inserted by No. 5/2025 s. 29.
This section applies to a committal proceeding if—
the committal proceeding is being conducted jointly with another; and
the accused in at least one of the committal proceedings is charged with an applicable offence; and
the accused in at least one of the committal proceedings is not charged with an applicable offence; and
in each of the committal proceedings, a hand-up brief has been served on the accused and filed with the registrar.
The Magistrates' Court must commit the accused for trial in the Supreme Court in accordance with section 144 if—
each accused consents; and
the charges against each accused could properly be joined on an indictment.
Note
Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with this section at a committal mention hearing.
This Act’s bill:Explanatory memorandumSecond reading speech
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