Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 58A Indictable offences dealt with summarily[s 552I](2) However, in no case may the person be punished more than ifthe offence had been dealt with on indictment.552IProcedure under section 552B(1) This section applies to any charge for an offence to whichsection 552B applies.(2) If the defendant is not legally represented, the MagistratesCourt is required—(a) to state the substance of the charge to the defendant; and(b) to explain to the defendant that he or she is entitled to betried by a jury and is not obliged to make any defence;and(c) to ask the defendant whether he or she wants the chargeto be dealt with summarily.(3) Whether or not the defendant is legally represented, unless thedefendant informs the Magistrates Court that he or she wantsto be tried by a jury, the Magistrates Court must ask whetherthe defendant is guilty or not guilty of the offence.(4) If the defendant says ‘guilty’ the Magistrates Court mustconvict.(5) If the defendant says ‘not guilty’ the Magistrates Court musthear the defence.(6) After the defendant enters a plea, the Magistrates Court mustthen deal with the charge summarily.(7) Unless a defendant’s criminal history is admissible inevidence, the Magistrates Court must not have any regard tothe defendant’s criminal history—(a) before receiving a plea of guilty or making any decisionof guilt; or(b) for deciding whether the defendant may be adequatelypunished on summary conviction.Current as at 1 December 2014 Page 333