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Clause 168 Court may transfer certain charges to Magistrates' Court

(1)At any time except during trial, the Supreme Court or the County Court may order that a proceeding for a charge for an indictable offence that may be heard and determined summarily be transferred to the Magistrates' Court if—

(a)the accused consents to the transfer; and

(b)the court considers that the charge is appropriate to be determined summarily, having regard to the matters in section 29(2).

See section 28 for indictable offences that may be heard and determined summarily.

(2)The court must not transfer a charge that the Magistrates' Court has refused to hear and determine summarily unless there has been a significant change in the charges against the accused or in the prosecution case against the accused.

(3)If an order is made under this section, the transferred charge must be heard and determined summarily.