SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 42
SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 42
42—Prosecution of offence as a summary offence
(1) An indictable
offence against this Act may be charged on complaint and be prosecuted and
dealt with by the Magistrates Court as a summary offence but, if the Court
determines that a person found guilty of such an offence should be sentenced
to a term of imprisonment exceeding 2 years, the Court must commit the person
to the District Court for sentence.
(2) For the avoidance
of doubt, a person who is convicted of an offence that has been prosecuted and
dealt with as a summary offence in accordance with this section is, despite
that fact, taken to have been convicted of an indictable offence for the
purposes of any Act or law.