New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 475B

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.