Queensland Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 70

70 Change to a committal proceeding during summary proceeding

(1) This section applies if, during a proceeding before a Magistrates Court to hear and decide a charge for an indictable offence summarily, the court decides the charge is not one that should be decided summarily.

(2) The court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating it as a committal proceeding.

(3) The defendant’s plea at the start of the hearing must be disregarded.

(4) The evidence already heard by the court must be taken to be evidence in the committal proceeding.

(5) To remove any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.