(2) A magistrate must not hear an indictable offence summarily
if—
(a) the magistrate is satisfied, at any stage of the hearing and after
hearing submissions by the prosecution and defence, that because of the nature
or seriousness of the offence or any other relevant consideration the
defendant, if convicted, may not be adequately punished on summary conviction;
or
(b) the magistrate is satisfied, on an application made by the defence,
that because of exceptional circumstances the offence should not be heard and
decided summarily.
(3) If subsection (2) applies—
(a) the magistrate must
proceed by way of an examination of witnesses for an indictable offence; and
(b) a plea of the person charged at the start of the proceeding must be
disregarded; and
(c) evidence brought in the proceeding before the magistrate
decided to act under subsection (2) is taken to be evidence in the proceeding
for the committal of the person for trial or sentence; and
(d) before
committing the person for trial or sentence, the magistrate must make a
statement to the person as required by the Justices Act 1886, section 104(2)
(b) .
(4) The maximum penalty that may be summarily imposed for an indictable
offence is 100 penalty units or 3 years imprisonment.
