(2) A magistrate must not hear an
indictable offence summarily if—
(a) the defendant asks at the start of the
hearing that the charge be prosecuted on indictment; or
(b) the magistrate
considers that the charge should be prosecuted on indictment.
(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 section 104(2) (b) of the Justices Act 1886.
(4) The maximum
penalty of imprisonment that may be summarily imposed for an indictable
offence is 1 year’s imprisonment.