CRIMINAL CODE 1899 - SECT 652 Proceedings to transmit charge for summary offence

CRIMINAL CODE 1899 - SECT 652

652 Proceedings to transmit charge for summary offence

(1) A charge for a summary offence may be transmitted to the registry of a court for the purpose of the charge being dealt with under section 651 at any time despite any limitation in any Act as to the time for commencing proceedings for a summary offence.

(2) If a person charged with committing a summary offence wishes to have the offence heard and decided under section 651 , the person must make written application to the clerk of the relevant court of summary jurisdiction to take any necessary steps to transmit the relevant complaint or bench charge sheet to the registrar of the court that is to deal with the charge under section 651 (the
"receiving court" ).

(3) An application under subsection (2) must be a written statement containing at least the following information—

(a) the charge to be transmitted;

(b) the defendant’s intention to plead guilty to the offence charged;

(c) that the defendant wishes to have the charge transmitted for no other reason than to plead guilty to the charge before the receiving court.

(4) On being satisfied that the application fulfils the requirements of this section the clerk of the relevant court of summary jurisdiction must transmit, by any secure and expeditious means, the relevant complaint or bench charge sheet, or a copy, to the registrar of the receiving court.

(5) On the final decision of the transmitted charge by the receiving court, the registrar of the court must, within 1 calendar month, notify the result of the decision to the clerk of the relevant court of summary jurisdiction from which the charge was transmitted and no further appearance is required in that court by any party to the proceeding.