Unrelated summary offence
243 Unrelated summary offence
The Supreme Court or the County Court may hear and determine a charge against an accused for a summary offence that is not a related summary offence if the accused—
is before the court in respect of an indictable offence; and
consents to the court hearing and determining the charge for the summary offence; and
states an intention to plead guilty to the charge for the summary offence.
S. 243(1A) inserted by No. 6/2017 s. 7.
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 summary offence that is not a related summary offence if the accused—
consents to the court hearing and determining the charge for the summary offence; and
states an intention to plead guilty to the charge for the summary offence.
If the accused consents to the court hearing and determining a charge for a summary offence that is not a related summary offence, the proceeding in respect of the charge is transferred from the Magistrates' Court to the Supreme Court or the County Court, as the case may be.
Note
A charge-sheet for a summary offence may only be filed in the Magistrates' Court. See section 6.
The court must hear and determine the charge for the summary offence without a jury and in accordance with Part 3.3, as far as practicable.
If the accused—
does not plead guilty to the charge for the summary offence; or
states an intention to plead not guilty to the charge for the summary offence—
the court is to direct that the charge be transferred to the Magistrates' Court for hearing and determination.
The court may impose any sentence in respect of the summary offence that could be imposed by the Magistrates' Court.
Note
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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