Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 108

108 Replacement of s 707 (Proceedings for offences)

Section 707—
omit, insert—

707 Proceeding for indictable offences

(1) The prosecution may bring a proceeding for an indictable offence—

(a) on indictment; or

(b) in a summary way.

(2) However, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if—

(a) at the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or

(b) the court is satisfied—

(i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or

(ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.

(3) If the court decides that the offence be prosecuted on indictment—

(a) the court must conduct the proceeding as a committal proceeding; and

(b) any evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and

(c) the court must disregard any plea that the defendant made at the start of the proceeding.

707A Proceeding for other offences

(1) The prosecution must bring a proceeding for an offence against this Law, other than an indictable offence, in a summary way.

(2) The proceeding must start—

(a) within 2 years after the offence is committed; or

(b) within 1 year after the commission of the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.

(3) A statement in a complaint for an offence against this Law that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.