Summary offence related to indictable offence
242 Summary offence related to indictable offence
If an accused before the Supreme Court or the County Court—
pleads guilty to an indictable offence; or
is found guilty or not guilty of an indictable offence—
the court may hear and determine a charge for a related summary offence before sentencing or otherwise dealing with the accused.
S. 242(1A) inserted by No. 6/2017 s. 6(1).
If all charges for an indictable offence against an accused before the Supreme Court or the County Court have been discontinued, the court may hear and determine a charge for a related summary offence.
The court must hear and determine a charge for a related summary offence without a jury and in accordance with Part 3.3, as far as practicable.
Without affecting the admissibility of any evidence which might be given apart from this subsection, on the hearing of a charge against an accused for a related summary offence, the court may admit as evidence in relation to the charge—
S. 242(3)(a) amended by No. 6/2017 s. 6(2)(a).
evidence given during a trial of the accused in respect of the indictable offence;
S. 242(3)(b) amended by No. 6/2017 s. 6(2)(b).
in the case of a plea of guilty to the indictable offence, the depositions and all exhibits and all recordings referred to in section 139 that were admitted in evidence in the committal proceeding in relation to the indictable offence;
S. 242(3)(c) inserted by No. 6/2017 s. 6(2)(c).
in the case of a discontinuance of prosecution of an indictable offence against the accused, the depositions and all exhibits and all recordings referred to in section 139 that were admitted in evidence in the committal proceeding in relation to the indictable offence.
A party may adduce further evidence only with the leave of the court.
If the court considers it appropriate to do so, the court may transfer a proceeding for a related summary offence back to the Magistrates' Court for hearing and determination.
S. 242(6) amended by No. 68/2009 s. 49(l).
The court may impose any sentence in respect of a related summary offence that could be imposed by the Magistrates' Court.
Notes
1 See the definition of related summary offence in section 3.
2 See the definitions of originating court and original jurisdiction in section 3 in relation to rights of appeal under Part 6.3.
This Act’s bill:Explanatory memorandumSecond reading speech
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