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Clause 144

sets out the procedures for the court to follow if it decides to commit the accused for trial. This clause differs from clause 23(2)(c) and (3)(c) of Schedule 5 to the Magistrates' Court Act 1989. Under Schedule 5, if the court considers that the evidence is of sufficient weight to support a conviction for another offence, the court must "direct the informant to prepare a charge for that offence and cause the defendant to be charged with that offence". This clause removes the power of the court to direct that a charge be prepared and filed because the charge to be filed is a matter for the prosecution. The court can then commit or discharge the accused based on the charges filed by the prosecution. Clause 142 sets out that, if a plea brief is served, the court is required to proceed at the committal mention hearing by asking how the accused pleads to the charge to which the committal proceeding relates. If the accused pleads guilty and the court considers that there is sufficient evidence to support a conviction for the charged offence, it must commit the accused for trial (in accordance with clause 144). If the accused does not plead guilty to the charged offence, the court must direct the informant to prepare and serve a hand-up brief. The plea brief provides a quicker way of proceeding through the committal process where a guilty plea is intended. Clause 143 provides that an accused may elect to stand trial at any time after service of a hand-up brief. The clause sets out that an election is made by filing a notice and serving it on the informant (in accordance with clause 340). As soon as practicable after filing the notice, the court is required to direct that an accused be brought before the court (if they are in custody) or direct that either a summons to attend or an arrest warrant be issued. Clause 330(4) authorises a court to issue a warrant whenever an accused fails to attend court when required to do so. Once the accused attends court, the clause requires the court to commit the accused for trial in accordance with clause 140 if it considers that the accused understands the nature and consequences of the election. An election to stand trial provides a quicker way of proceeding through the committal process. This clause provides that an election to stand trial determines a committal proceeding. This is different from section 56(1)(b) of the Magistrates' Court Act 1989 which provides that an election to stand trial does not involve a committal proceeding. The approach in the Bill reflects the fact that an accused can only elect to stand trial where a committal proceeding has commenced. The accused's election simply changes the way in which a committal proceeding is conducted and determined.