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CRIMES LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 6 OF 2017) - SECT 6

Summary offence related to indictable offence

    (1)     After section 242(1) of the Criminal Procedure Act 2009 insert

    "(1A)     If all charges for an indictable offence against an accused before the Supreme Court or the County Court have been discontinued, the court may hear and determine a charge for a related summary offence.".

    (2)     In section 242(3) of the Criminal Procedure Act 2009

        (a)     in paragraph (a), for "the trial" substitute "a trial";

        (b)     in paragraph (b), for "offence." substitute "offence;";

        (c)     after paragraph (b) insert

    "(c)     in the case of a discontinuance of prosecution of an indictable offence against the accused, the depositions and all exhibits and all recordings referred to in section 139 that were admitted in evidence in the committal proceeding in relation to the indictable offence.".



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