Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 558

558 Persons brought before wrong court

(1) If on the trial of a person charged with any offence before any court it appears that the person is not properly triable before that court under any of the provisions of section 557 , the person is not by reason thereof entitled to be acquitted, but the court may, at the request of the accused person, discharge the jury from giving a verdict, and direct that the person be tried before some proper court, and may remand the person for trial accordingly.

(2) If the person does not make such request, the trial is to proceed, and the verdict and judgment have the same effect in all respects as if the court had originally had jurisdiction to try the accused person.

(3) This section does not affect the right of an accused person to plead to the jurisdiction of a court.