South Australian Current Acts South Australian Current Acts (1) The Magistrates
Court will conduct a trial of a minor indictable offence (where the defendant
has not elected, in accordance with the rules, for trial in a superior court)
in the same way as a trial of a summary offence.
(2) The rules may
provide that specified provisions of this Act or any other Act or law apply
with necessary adaptations and modifications to the trial by the Magistrates
Court of a person charged with an indictable offence.
(3) Where the
Magistrates Court is to commit a defendant to a superior court for trial, the
following principles govern the choice of forum:
(a) the
defendant should be committed for trial in the Supreme Court in the following
cases:
(i)
where the charge is treason or murder, or an attempt or
conspiracy to commit, or an assault with intent to commit, either of those
offences;
(ii)
where a major indictable offence is charged and the
circumstances of its alleged commission are of unusual gravity;
(iii)
where a major indictable offence is charged and trial of
the charge is likely to involve unusually difficult questions of law or fact;
(iv)
where the case is of a kind prescribed by the
regulations;
(b) in
any other case, the defendant should be committed for trial in the District
Court.