Part 3.2 – Procedure before summary hearing Division 1 - General

Question 1

S31 – Court may change place of hearing

Answer 1

If MC considers that—
(a) fair hearing in a criminal proceeding cannot otherwise be had
(b) for any other reason, it’s appropriate,
the court may order that the hearing be held at another place or venue of the court that the court considers appropriate

Question 2

S32 - Accused entitled to copy of CS and particulars

Answer 2

(1) A is entitled to receive free of charge a copy of the charge-sheet from the informant or the appropriate registrar.
(2) As well as reasonable particulars of charge

Question 3

S33 – unrepres.

A who requires legal advice

Answer 3

If (a) A is charged with imprisonable offence

(b) A is unrepresented on return date
(c) court must ask A whether has sought legal advice
(d) if satisfied A has not had reasonable opportunity to obtain legal advice, grant adjournment if so requested by A
(e) inform of right to Legal Aid if eligible

Question 4

S34 – return of property

Answer 4

(1)(a) If property has been taken from an accused; and (b) MC considers the property/part of it can be returned consistently with IOJ and with safe custody of the accused;
the court must direct that the property or part of it be returned to the accused or to any other person that the accused directs.

(2) If property has been taken from a person other than the accused, the Magistrates’ Court, on application by the person, may direct that the property be returned to the person at any time, and subject to any condition, that the court considers appropriate