Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 710

710 Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999

(1) This section applies if, after the commencement of the Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999, section 11—

(a) a charge of an offence against section 339(1) is before the Supreme or District Court; and

(b) the person charged with the offence informs the court that he or she does not want to be tried by jury; and

(c) the prosecutor agrees to the charge being dealt with summarily.

(2) The court may order that—

(a) the matter be remitted to a court of summary jurisdiction for the charge to be dealt with summarily; and

(b) the court registrar send the relevant court record to the registrar of the relevant court of summary jurisdiction.

(3) The court may not make an order under subsection (2) if satisfied that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.