s 651 applications
* Where there is an indictment the Court may hear and decide any summary charge that has been laid if:
* the Court considers it is appropriate;
* the accused is represented by a legal representative;
* both parties consent;
* the accused intends to plead guilty; and
* the complaint or bench charge sheet is before the Court
* Application must be made to the clerk of the Magistrates Court (s 652) to transfer the documents.
The DPP guidelines note examples of when consent will be provided to such a course. These include:
(a) An evidentiary relationship: where the circumstances of the summary offence would be relevant and admissible at a trial for the indictable
offence.
(b) The facts form part of the one incident.
(c) The offences overlap or are based on the same facts.
(d) The summary offences were committed in resistance to the investigation, or apprehension, of the offender for the indictable
offence.
(e) There is a substantive period of remand custody that could not otherwise be taken into account under section 161 of the Penalties
and Sentences Act.
Consent to a transfer of summary matters should not be given:-
(a) where all offences could be dealt with in the Magistrates Court. This relates to the situation where:-
• the defence have an election under section 552B of the Criminal Code in respect of the relevant indictable offence/s; and
• the relevant indictable offence/s could be adequately punished in the Magistrates Court.
(b) for a breach of the Bail Act. Such offences should be dealt with at the first appearance in the Magistrates Court.
* the Court considers it is appropriate;
* the accused is represented by a legal representative;
* both parties consent;
* the accused intends to plead guilty; and
* the complaint or bench charge sheet is before the Court
* Application must be made to the clerk of the Magistrates Court (s 652) to transfer the documents.
The DPP guidelines note examples of when consent will be provided to such a course. These include:
(a) An evidentiary relationship: where the circumstances of the summary offence would be relevant and admissible at a trial for the indictable
offence.
(b) The facts form part of the one incident.
(c) The offences overlap or are based on the same facts.
(d) The summary offences were committed in resistance to the investigation, or apprehension, of the offender for the indictable
offence.
(e) There is a substantive period of remand custody that could not otherwise be taken into account under section 161 of the Penalties
and Sentences Act.
Consent to a transfer of summary matters should not be given:-
(a) where all offences could be dealt with in the Magistrates Court. This relates to the situation where:-
• the defence have an election under section 552B of the Criminal Code in respect of the relevant indictable offence/s; and
• the relevant indictable offence/s could be adequately punished in the Magistrates Court.
(b) for a breach of the Bail Act. Such offences should be dealt with at the first appearance in the Magistrates Court.