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Clause 361

provides a way of resolving a charge which, as a result of error, is before a court which has no jurisdiction to hear it. The court may order that such a charge be transferred to the appropriate court, if it is satisfied that it is in the interests of justice to do so. Currently, there is no clear way of resolving such charges (which include situations such as where an accused has been committed for trial on a purely summary offence and where an accused, by virtue of age, should be tried in the Children's Court but the charge is wrongly filed in the Magistrates' Court). This clause provides a simple power allowing a court to transfer such charges to a court with the jurisdiction to hear them.