53. Mention hearing

53. Mention hearing

At a mention hearing, the Magistrates' Court may-

(a) if the offence is an indictable offence that may be heard and determined summarily, grant a summary hearing;

(b) proceed immediately to hear and determine the charge;

(c) fix a date for a contest mention hearing;

(d) fix a date for a summary hearing of the charge;

(e) make any other order or give any direction that the court considers appropriate.

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30. Procedure for indictable offences that may be heard and determined summarily

30. Procedure for indictable offences that may be heard and determined summarily

(1) The informant or the accused may apply for a summary hearing under section 29(1).

(2) Without any application under subsection (1), the Magistrates' Court may offer a summary hearing under section 29(1).

(3) An application for, or an offer of, a summary hearing may be made at any time before the Magistrates' Court determines whether to commit the accused for trial.

Note

Section 6(4) provides that an informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

(4) If an application for a summary hearing is made before the hearing of any evidence, the Magistrates' Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give-

(a) an outline of the evidence which will be presented for the
prosecution; and

(b) any other information which the court considers relevant-

for the purpose of enabling the court to determine whether to grant a summary hearing.

(5) Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge.

(6) If the Magistrates' Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3.

Note

Sections 112A to 113D of the Sentencing Act 1991 provide for maximum penalties in the Magistrates' Court.

(7) Subject to subsection (8), if-

(a) a committal hearing commences; and

(b) the Magistrates' Court subsequently grants a summary hearing-

the court may, with the consent of the accused, admit as evidence in the summary hearing-

(c) the oral evidence of any witness; and

(d) the statement of any witness; and

(e) any document or exhibit-

given or tendered during the committal hearing.

(8) If evidence is admitted under subsection (7)-

(a) the Magistrates' Court must, at the request of the informant or the accused, call or recall (as the case requires) any witness for examination or cross-examination; and

(b) the hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.

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29. When an indictable offence may be heard and determined summarily

29. When an indictable offence may be heard and determined summarily

(1) The Magistrates' Court may hear and determine summarily a charge for an
offence to which section 28(1) applies if-

(a) the court considers that the charge is appropriate to be determined summarily, having regard to the matters in subsection (2); and

(b) the accused consents to a summary hearing.

Notes

1. Section 82 provides for a summary hearing without consent in the case of a corporate accused which fails to appear in answer to a summons.

2. Section 168(3) provides that a charge transferred by order under that section must be heard and determined summarily.

(2) For the purposes of subsection (1)(a), the Magistrates' Court must have regard to-

(a) the seriousness of the offence including-

(i) the nature of the offence; and

(ii) the manner in which the offence is alleged to have been committed, the apparent degree of organisation and the presence of aggravating circumstances; and

(iii) whether the offence forms part of a series of offences being alleged against the accused; and

(iv) the complexity of the proceeding for determining the charge; and

(b) the adequacy of sentencing orders available to the court, having regard to the criminal record of the accused; and

(c) whether a co-accused is charged with the same offence; and

(d) any other matter that the court considers relevant.

(3) A legal practitioner appearing for an accused may, on behalf of the accused, consent to a summary hearing of a charge for an indictable offence.

(4) Nothing in subsection (2) applies to a proceeding in the Children's Court.

(5) If a body corporate and a natural person are jointly charged with an indictable offence which may be heard and determined summarily, the Magistrates' Court must not hear and determine the charge summarily against either of the accused unless-

(a) each of them consents to a summary hearing; or

(b) if the body corporate fails to appear in the proceeding, the natural person consents to a summary hearing and the court proceeds under section 82 to hear and determine the charge in the absence of the body corporate.

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28. Indictable offences that may be heard and determined summarily

28. Indictable offences that may be heard and determined summarily

(1) A charge for any of the following indictable offences may be heard and determined summarily by the Magistrates' Court, if section 29 is satisfied-

(a) an offence referred to in Schedule 2;

(b) an indictable offence under an Act or subordinate instrument or an
offence at common law if the offence is described by an Act or
subordinate instrument as being-

(i) a level 5 offence or level 6 offence; or

(ii) punishable by level 5 or level 6 imprisonment or fine or both; or

(iii) punishable by a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both- unless the contrary intention appears in this or any other Act or in any subordinate instrument.

Note

A level 5 offence is punishable by 10 years imprisonment maximum and a level 6 offence is punishable by 5 years imprisonment maximum: section 109 of the Sentencing Act 1991.

(2) If an indictable offence is described as being punishable in more than one way or in one of 2 or more ways, all of those ways must be referred to in subsection (1) for subsection (1) to apply.

(3) If an indictable offence referred to in Schedule 2 is qualified by reference to a specified amount or value or a specified kind of property, that qualification is not affected by subsection (1)(b) or (2).

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