Criminal Procedure Act 2009

At any time except during trial, the Supreme Court or the County Court may order that a proceeding for a charge for an indictable offence that may be heard and determined summarily be transferred to the Magistrates' Court or the Children's Court (as the case requires) if—

the accused consents to the transfer; and

the court considers that the charge is appropriate to be determined summarily, having regard to—

in the case of the Magistrates' Court, the matters in section 29(2); or

in the case of the Children's Court, whether the Children's Court is required to hear and determine the charge summarily by section 156 of the Youth Justice Act 2024.

Subject to section 168A, the court must not transfer a charge that the Magistrates' Court or the Children's Court has refused to hear and determine summarily unless there has been a significant change in the charges against the accused or in the prosecution case against the accused.

If an order is made under this section, the transferred charge must be heard and determined summarily.

If an order is made under this section, the transferring court may—

order that the accused appear before the Magistrates' Court or the Children's Court (as the case requires) on a specified date; or

if the accused is a natural person, remand the accused in custody, or grant bail, to appear before the Magistrates' Court or the Children's Court (as the case requires) on a specified date; or

in the case of a corporate accused, order the accused to appear, by a representative or a legal practitioner, before the Magistrates' Court on a specified date.