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CRIMES ACT 1900 - SECT 475B
Election for summary trial
475B Election for summary trial
(1) Section 475A (1) applies only if, upon the completion of the pre-trial
procedures in any proceedings in respect of an offence to which an application
under section 246 of the Criminal Procedure Act 1986 relates, being
procedures prescribed by rules made under that Act, the defendant makes an
election to be tried for that offence in the Supreme Court in its summary
jurisdiction.
(2) Notwithstanding subsection (1) where the defendant in any
proceedings is the subject of an application (not being an application
referred to in subsection (3)), under section 246 of the Criminal Procedure
Act 1986 relating to 2 or more offences, he or she is not entitled to make an
election under subsection (1) unless he or she makes it in respect of every
offence to which the application relates.
(3) Where 2 or more defendants are
the subject of an application under section 246 of the Criminal Procedure Act
1986 , an election under subsection (1) made by one of the defendants in
respect of any offence to which the application relates and alleged to have
been committed by him or her has no effect for the purposes of this section
unless such an election is made by that defendant in respect of every other
offence to which the application relates and which is alleged to have been
committed by him or her and by each of the other defendants in respect of
every offence to which the application relates and which is alleged to have
been committed by each of them.
(4) A reference in subsection (1), (2) or (3)
to an offence to which an application under section 246 of the
Criminal Procedure Act 1986 relates does not include a reference to such an
offence to which the person charged with the offence has, upon such an
application, pleaded guilty.
(5) Where the defendant does not make an
election under subsection (1)-- (a) the Supreme Court shall order that the
proceedings for the offence to which the election relates shall be tried in
the Supreme Court otherwise than in its summary jurisdiction, and
(b) the
provisions of section 475A (1) shall cease to apply to or in respect of the
proceedings for that offence.
(6) A person tried pursuant to an order under
subsection (5) (a) shall for all purposes, be deemed to be tried on indictment
and if convicted to have been convicted on indictment.
(7) A reference in
this section to a plea of guilty does not include a reference to such a plea
if the plea has been withdrawn or has not been accepted.
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