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Clause 242 Summary offence related to indictable offence

(1)If an accused before the Supreme Court or the County Court— the court may hear and determine a charge for a related summary offence before sentencing or otherwise dealing with the accused.

(a)pleads guilty to an indictable offence; or

(b)is found guilty or not guilty of an indictable offence—

(2)The court must hear and determine a charge for a related summary offence without a jury and in accordance with Part 3.3, as far as practicable.

(3)Without affecting the admissibility of any evidence which might be given apart from this subsection, on the hearing of a charge against an accused for a related summary offence, the court may admit as evidence in relation to the charge—

(a)evidence given during the trial of the accused in respect of the indictable offence;

(b)in the case of a plea of guilty to the indictable offence, the depositions and all exhibits and all recordings referred to in section 139 that were admitted in evidence in the committal proceeding in relation to the indictable offence.

(4)A party may adduce further evidence only with the leave of the court.

(5)If the court considers it appropriate to do so, the court may transfer a proceeding for a related summary offence back to the Magistrates' Court for hearing and determination.

(6)The court may impose any sentence in respect of a related summary offence that could be made by the Magistrates' Court.

1See the definition of related summary offence in section 3.

2See the definitions of originating court and original jurisdiction in section 3 in relation to rights of appeal under Part 6.3.