Corpus
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Contents » Chapter 2 - COMMENCING A CRIMINAL PROCEEDING PART 2.1—WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED

Clause 10 Listing of matter for mention hearing or filing hearing in the Magistrates' Court

(1)If a charge-sheet contains a charge for a summary offence, the proceeding must be listed for a mention hearing.
(2)Subject to subsection (3), if a charge-sheet contains a charge for an indictable offence that may be heard and determined summarily, the proceeding may be listed for a mention hearing or a filing hearing, having regard to any request for a committal proceeding included on the charge- sheet.
(3)If a notice to appear is served under section 21 and a charge-sheet is filed in accordance with section 22, the proceeding must be listed for a mention hearing on the date specified in the notice to appear.
(4)Despite subsections (1) and (2), if a charge-sheet contains a charge for an indictable offence that is not an indictable offence that may be heard and determined summarily, the proceeding must be listed for a filing hearing.
1A mention hearing is the first hearing for a charge that will be heard and determined summarily.
2A filing hearing is the first stage in a committal proceeding under Chapter 4.
3Section 28(1) sets out the indictable offences that may be heard and determined summarily.