LISTENING DEVICES ACT 1984 - SECT 26 Certain summary proceedings to become committal proceedings

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 26

26 Certain summary proceedings to become committal proceedings

(1) Where:

(a) proceedings for an offence against Part 2 are taken before a Local Court,

(b) the court is of the opinion that the offence should be dealt with as an indictable offence instead of in a summary manner, and

(c) no evidence has been adduced by or on behalf of the defendant,

the court may, in its discretion, make a declaration that subsection (2) applies to the proceedings.

(2) Where a declaration is made by a court under subsection (1) in relation to any proceedings:

(a) the court shall re-charge the defendant with the offence to which the proceedings relate, and

(b) the court attendance notice in relation to that notice is deemed to have been withdrawn and the proceedings cease to be proceedings to which Chapter 4 of the Criminal Procedure Act 1986 applies, and

(c) the proceedings are to be continued as if originally commenced in accordance with Part 2 of Chapter 3 of that Act, and anything done, before the declaration was made, under or for the purposes of that Part in relation to the proceedings is, except to the extent that the Court otherwise directs, taken to have been done under or for the purposes of that Part in relation to the proceedings, and

(d) the court is not to accept or treat any admission made by the defendant before the declaration was made as a plea of guilty for the purposes of Division 5 of Part 2 of Chapter 3 of that Act.

(3) Except as expressly provided, nothing in this section affects any power that a court or any person has apart from this section in relation to any offence or proceedings referred to in this section.