10. Listing of matter for mention hearing or filing hearing in the Magistrates' Court

10. Listing of matter for mention hearing or filing hearing in the Magistrates' Court

(1) If a charge-sheet contains a charge for a summary offence, the proceeding must be listed for a mention hearing.

(2) Subject to subsection (3), if a charge-sheet contains a charge for an
indictable offence that may be heard and determined summarily, the proceeding may be listed for a mention hearing or a filing hearing, having regard to any request for a committal proceeding included on the charge-sheet.

(3) If a notice to appear is served under section 21 and a charge-sheet is filed in accordance with section 22, the proceeding must be listed for a mention hearing on the date specified in the notice to appear.

(4) Despite subsections (1) and (2), if a charge-sheet contains a charge for an indictable offence that is not an indictable offence that may be heard and determined summarily, the proceeding must be listed for a filing hearing.

Notes

1. A mention hearing is the first hearing for a charge that will be heard and determined summarily.

2. A filing hearing is the first stage in a committal proceeding under Chapter 4.

3. Section 28(1) sets out the indictable offences that may be heard and determined summarily.