LOCAL GOVERNMENT ACT 2009 - SECT 242
Proceedings for indictable offences
LOCAL GOVERNMENT ACT 2009 - SECT 242
Proceedings for indictable offences
242 Proceedings for indictable offences
(1) Subject to subsection (2) , a charge of an indictable offence against this
Act must be heard and decided summarily.
(2) A Magistrates Court must not
deal summarily with a charge mentioned in subsection (1) if satisfied, on an
application made by the prosecution or the defence, that because of
exceptional circumstances the charge should not be heard and decided
summarily.
(3) If subsection (2) applies to a Magistrates Court—
(a) the
court must stop treating the proceeding as a proceeding to hear and decide the
charge summarily and start treating the proceeding as a committal proceeding;
and
(b) the defendant’s plea at the start of the hearing must be
disregarded; and
(c) the evidence already heard by the court must be taken to
be evidence in the committal proceeding; and
(d) to avoid any doubt, it is
declared that the Justices Act 1886, section 104must be complied with for
the committal proceeding.
(4) This section does not apply to a charge of an
indictable offence against section 201D.