Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 552B

552B Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial

(1) This section applies to a charge before a Magistrates Court of any of the following indictable offences—

(a) an offence of a sexual nature without a circumstance of aggravation if—

(i) the complainant was 14 years of age or over at the time of the alleged offence; and

(ii) the defendant has pleaded guilty; and

(iii) the maximum term of imprisonment for which the defendant is liable is more than 3 years;

(b) an offence against section 339 (1) ;

(c) an offence involving an assault, other than an offence against section 339 (1) , if—

(i) the assault is—

(A) without a circumstance of aggravation; and

(B) not of a sexual nature; and

(ii) the maximum term of imprisonment for which the defendant is liable is more than 3 years but not more than 7 years; and

(iii) a charge of the offence is not a charge to which section 552A applies;

(d) an offence against section 60A , 60B , 76 or 77B ;

(e) an offence against section 229BB ;

(f) an offence against section 316A ;

(g) an offence against section 328A (2) ;

(h) an offence against section 359E if the maximum term of imprisonment for which the defendant is liable is not more than 5 years;

(i) an offence against section 359F if the defendant is liable to the penalty mentioned in section 359F (11) ;

(j) an offence against chapter 14 , chapter division 2 , if the maximum term of imprisonment for which the defendant is liable is more than 3 years;

(l) an offence against chapter 42A ;

(m) the offence of counselling or procuring the commission of an offence mentioned in any of paragraphs (a) to (l);

(n) the offence of attempting to commit an offence mentioned in any of paragraphs (a) to (l), unless the offence is a relevant offence under section 552BA (4) , definition relevant offence , paragraph (a) ;

(o) the offence of becoming an accessory after the fact to an offence mentioned in any of paragraphs (a) to (l), unless the offence is a relevant offence under section 552BA (4) , definition relevant offence , paragraph (a) .

(2) A charge to which this section applies must be heard and decided summarily unless the defendant informs the Magistrates Court that he or she wants to be tried by jury.

(3) This section is subject to section 552D .