Queensland Consolidated Acts

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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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