(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.