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PUBLIC HEALTH ACT 2005 - SECT 213I
Proceedings for indictable offence
213I Proceedings for indictable offence
(1) A proceeding for an offence against section 213H (1) may, at the
prosecution’s election, be taken summarily or on indictment.
(2) A
magistrate must not hear a proceeding for an offence against section 213H (1)
summarily if, at any stage of the hearing, the magistrate is satisfied on the
application of the defendant, the offence should not be heard summarily
because of exceptional circumstances. Examples of exceptional circumstances—
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 standards.
(3) If
subsection (2) applies— (a) the magistrate must proceed by way of an
examination of witnesses for an indictable offence; and
(b) a plea of the
person charged at the start of the proceeding must be disregarded; and
(c)
evidence brought in the proceeding before the magistrate decided to act under
subsection (2) is taken to be evidence in the proceeding for the committal of
the person for trial or sentence; and
(d) before committing the person for
trial or sentence, the magistrate must make a statement to the person under
the Justices Act 1886 , section 104 (2) (b) .
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