(1) The proceeding must be before a magistrate if it is a proceeding—
(a) for the summary conviction of a person on a charge for an indictable offence; or
(b) for an examination of witnesses for a charge for an indictable offence.
(2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.