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PENALTIES AND SENTENCES ACT 1992 - SECT 161ZQ
When Magistrates Court must abstain from jurisdiction
161ZQ When Magistrates Court must abstain from jurisdiction
(1) A Magistrates Court must abstain from dealing summarily with a charge
under section 161ZO if satisfied, at any stage, and after hearing any
submissions by the prosecutor and the 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.
(2) If
the court abstains from jurisdiction, the proceeding for the charge must be
conducted as a committal proceeding.
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