(a) for a prescribed offence for which the maximum penalty of
imprisonment is 5 or more years—a crime; or
(b) otherwise—a misdemeanour.
(3) A proceeding must be before a magistrate if it is a proceeding—
(a) with
a view to the summary conviction of a person on a charge of a prescribed
offence; or
(b) for an examination of witnesses in relation to a charge for a
prescribed offence.
(4) However, if a proceeding for a prescribed 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 a prescribed offence, in relation to which a
proceeding is taken by way of a summary proceeding, requests, at the start of
the proceeding, that the charge be prosecuted on indictment; or
(b) the
magistrate hearing and deciding a charge of a prescribed offence is of the
opinion that the charge ought to be prosecuted on indictment;
the
magistrate—
(c) must not hear and decide the charge as a summary offence;
but
(d) must proceed by way of an examination of witnesses in relation to an
indictable offence.
(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 with a view to 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 in accordance with the Justices Act 1886,
section 104(2) (b) .
(7) The maximum penalty that may be imposed on a
summary conviction of a prescribed offence is 500 penalty units or
imprisonment for 1 year.
(8) If a person other than the chief executive
brings a proceeding under this section, the person must, within 5 business
days of starting the proceeding, give the chief executive notice of the
proceeding.
