Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 94

    (1)     When all the evidence for the prosecution and the defence have been taken in relation to the indictable offence with which the accused person is charged, the court must—

        (a)     if the court is satisfied, having regard to all the evidence before it, that there is no reasonable prospect that the person would be found guilty of an indictable offence—if the person is in custody in relation to the offence, immediately order that the person be released from custody in relation to the offence; or

        (b)     if the court is not satisfied as mentioned in paragraph (a)—commit the person for trial.

    (2)     If the accused person is committed for trial under subsection (1) and 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 (Back-up and related offences).

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

    (4)     However, if the accused person is charged with a back-up or related offence after committal under subsection (1) (b), 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.

Note 1     For the meaning of commit a person for trial, see the Legislation Act

, dict, pt 1.

Note 2     The court must issue a warrant for the remand of the defendant in the director-general's custody (see Crimes (Sentence Administration) Act 2005

, s 17).