Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 88B

    (1)     The court may commit an accused person for trial—

        (a)     on application by the person; and

        (b)     with the prosecutor's consent.

Note     If a form is approved under the Court Procedures Act 2004

, s 8 for this provision, the form must be used.

    (2)     If the court commits an accused person for trial under subsection (1) and the person has been charged with a back-up or related offence—

        (a)     the prosecutor must tell the court about the back-up or related offence; and

        (b)     the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933

, part 8.

    (3)     Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1).

    (4)     However, if the accused person is charged with a back-up or related offence after committal under subsection (1), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933

, part 8.

    (5)     In this section:

"accused person" means a person charged with an indictable offence.