(3) A proceeding against a person
for an indictable offence must be before a magistrate if it is a proceeding—
(a) for the summary conviction of the person; or
(b) for an examination of
witnesses in relation to the charge.
(4) If a proceeding for an
indictable offence is brought before a justice who is not a magistrate,
jurisdiction is limited to taking or making a procedural action or order
within the meaning of the Justices of the Peace and Commissioners for
Declarations Act 1991 .
(5) If—
(a) a person charged with an
indictable offence asks at the start of a summary proceeding for the offence
that the charge be prosecuted on indictment; or
(b) the magistrate hearing a
charge of an indictable offence considers the charge should be prosecuted on
indictment;
the magistrate—
(c) must not decide the charge as a summary
offence; and
(d) must proceed by way of a committal proceeding.
(6) If a
magistrate acts under subsection (5) —
(a) any plea of the person charged,
made at the start of the proceeding, must be disregarded; and
(b) any
evidence brought in the proceeding before the magistrate decided to act under
subsection (5) is taken to be evidence in the proceeding for the committal of
the person for trial or sentence; and
(c) before committing the person for
trial or sentence, the magistrate must make a statement to the person under
the Justices Act 1886, section 104(2) (b) .
(7) The maximum penalty that
may be imposed on a summary conviction of an individual of an
indictable offence is as follows—
(a) to the extent the penalty imposed is a
number of penalty units—200 penalty units;
(b) to the extent the penalty
imposed is imprisonment—1 year’s imprisonment.
(8) The maximum penalty
that may be imposed on a summary conviction of a corporation of an
indictable offence is 2,000 penalty units.
