Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 552D
When Magistrates Court must abstain from jurisdiction
552D When Magistrates Court must abstain from jurisdiction
(1) A Magistrates Court must abstain from dealing summarily with a charge
under section 552A , 552B or 552BA if satisfied, at any stage, and after
hearing any submissions by the prosecution and defence, that because of the
nature or seriousness of the offence or any other relevant consideration the
defendant, if convicted, may not be adequately punished on summary conviction.
(1A) A Magistrates Court must abstain from dealing summarily with a charge
under section 552BA if—
(a) the charge has been laid against the defendant
as an alternative to a charge for another offence (the
"main offence" ); and
(b) the main offence is an indictable offence that is
not required to be heard and decided summarily under this chapter.
Magistrates Court must abstain from dealing summarily with a charge under
section 552BA if satisfied, on an application made by the defence, that
because of exceptional circumstances the charge should not be heard and
1 There is sufficient connection between
the offence the subject of the charge, and other offences allegedly committed
by the defendant and to be tried on indictment, to allow all the offences to
be tried together.
2 There is an important issue of law involved.
3 An issue
of general community importance or public interest is involved, or the holding
of a trial by jury is justified in order to establish contemporary community
(2A) A Magistrates Court must abstain from dealing summarily
with a charge of a prescribed offence if the defendant is alleged to have
committed the offence with the circumstance of aggravation stated in the
Penalties and Sentences Act 1992 , section 161Q .
(3) If the court abstains
from jurisdiction, the proceeding for the charge must be conducted as a
(4) In this section—
"prescribed offence" see the Penalties and Sentences Act 1992 , section 161N .
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