(1) Subject to subsection (3), on committal for trial of an accused charged with an indictable offence, the Magistrates' Court must order that all proceedings in respect of charges against the accused for summary offences that are related offences are transferred to the court to which the accused has been committed for trial.
S. 145(2) amended by No. 38/2022 s. 76.
(a) an accused charged with an indictable offence is committed for trial; and
(b) before trial of the indictable offence, the accused is charged with a summary offence that is a related offence—
the Magistrates' Court must, subject to subsection (3), order that the proceeding for the summary offence is transferred to the court in which the accused is to be tried.
S. 145(3) amended by No. 30/2010 s. 60.
(3) If the informant to a charge for a summary offence that is a related offence or, if the DPP is prosecuting the charge, the DPP and the accused agree, the Magistrates' Court may order that the proceeding for that charge is not transferred under this section.
1 See the definition of related offences in section 3.
2 Section 242 enables the Supreme Court or the County Court to hear and determine a charge for a related summary offence.