Queensland Consolidated Acts Queensland Consolidated Acts(1) A proceeding on a charge for an indictable offence under this Act may be taken, at the election of the prosecution--
(a) by summary proceeding under the Justices Act 1886; or
(b) on indictment.
(2) A Magistrates Court must not hear the charge summarily if--
(a) the defendant asks the court at the start of the hearing to treat the proceeding as a committal proceeding; or
(b) the court considers that the charge should be prosecuted on indictment.
(3) A Magistrates Court may start to hear and decide the charge summarily even if more than 1 year has passed since the offence was committed.