ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 236 Certain crimes to be tried by justices
ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 236
Certain crimes to be tried by justices
(1) Where a person is brought before justices on a complaint for a crime under the justices, instead of asking the person to plead under section 56A of the Justices Act 1959 , may ask the person whether he or she is willing to be tried by the justices instead of by a jury.(a) section 183 ; or(b) section 186 ; or(c) section 188 ; or(d) any other section of this Act prescribed by the regulations for the purposes of this section (2) Subject to subsection (3) , if a person to whom subsection (1) applies, or if he or she is under the age of 16 years his or her parent or guardian, signifies the person's willingness to be tried by the justices, the section creating the offence is taken to have created a simple offence and the complaint is to be dealt with accordingly.(3) If, in a case to which subsection (1) applies, the complainant, before the defendant is asked whether he or she objects to being tried by the justices the justices may proceed as if this section had not been enacted.(a) shows to the justices that the defendant (i) is under committal to the Supreme Court for trial or sentence; or(ii) has been charged with an offence for which he or she may be so committed, the examination into which is pending or not concluded; and(b) requests that the procedure provided by this section should not apply