(1) Where the Supreme
Court is of the opinion that a defendant committed for trial or sentence in
the Supreme Court (not being a defendant committed for trial or sentence on a
charge of treason or murder, or an attempt or conspiracy to commit or an
assault with intent to commit either of those offences) should be tried or
sentenced in the District Court, the Supreme Court may order that the case be
referred to the District Court.
(2) Where the Supreme
Court is of the opinion that a defendant committed for trial or sentence in
the District Court should be tried or sentenced in the Supreme Court, the
Court may remove the case into the Supreme Court.
(3) Where the District
Court is of the opinion that a defendant committed for trial or sentence in
the District Court should be tried or sentenced in the Supreme Court, the
Court may order that the case be referred to the Supreme Court.
(4) Where a case is
referred to the District Court or removed or referred to the Supreme Court
under this section, the case will proceed as if the committal had been to the
Court to which the case is referred or removed.
(5) In deciding
whether to exercise its powers under this section, the Supreme Court or the
District Court will have regard to—
(a) the
gravity of the case; and
(b) the
difficulty of any questions of law or fact; and
(c) the
views (insofar as they have been expressed) of the prosecutor and defendant;
and
(d) any
other relevant factors.