Page 1730 - Week 05 - Tuesday, 3 May 2011
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Schedule 1, part 1.5
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Schedule 1, part 1.6
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Schedule 1, part 1.7
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Schedule 1, part 1.10
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Part 1.10 Crimes Act 1900
[1.22] New section 374
in part 17, insert
374 Summary disposal of certain cases at prosecutor’s election
(1) This section applies if a person (the defendant) is before the Magistrates Court charged with an offence punishable by imprisonment for longer than 2 years but not longer than 5 years.
(2) The prosecutor must elect whether to have the case disposed of summarily.
(3) The defendant must not be required to plead guilty or not guilty to the charge if the prosecutor has not made an election under subsection (2).
(4) The prosecutor must make the election before the later of—
(a) the 2nd time the proceeding for the offence is before the court; and
(b) 21 days after the 1st time the proceeding for the offence is before the court.
(5) If the prosecutor does not elect to have the case disposed of summarily within the time required under subsection (4), the court must deal with the charge in accordance with section 375 (4) to (14).
(6) If the prosecutor elects to have the case disposed of summarily, the court must hear and determine the charge summarily and sentence or otherwise deal with the defendant according to law.
(7) If the court disposes of a case summarily under this section and convicts the defendant of the offence, the court must not impose a penalty that exceeds—
(a) a fine of $5 000, imprisonment for 2 years or both; or
(b) if the maximum penalty provided for the offence by the law creating it is a fine of less than $5 000—the maximum penalty.
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