Criminal Procedure Act 2009

The informant or the accused may apply for a summary hearing under section 29(1).

Without any application under subsection (1), the Magistrates' Court may offer a summary hearing under section 29(1).

An application for, or an offer of, a summary hearing may be made at any time before the Magistrates' Court determines whether to commit the accused for trial.

If an application for a summary hearing is made before the hearing of any evidence, the Magistrates' Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give—

an outline of the evidence which will be presented for the prosecution; and

any other information which the court considers relevant—

Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge.

If the Magistrates' Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3.

Subject to subsection (8), if—

a committal hearing commences; and

the Magistrates' Court subsequently grants a summary hearing—

the oral evidence of any witness; and

the statement of any witness; and

any document or exhibit—

If evidence is admitted under subsection (7)—

the Magistrates' Court must, at the request of the informant or the accused, call or recall (as the case requires) any witness for examination or cross-examination; and

the hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.