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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 271
Proceedings for indictable offences
271 Proceedings for indictable offences
(1) A proceeding for an indictable offence against this Act may be taken, at
the election of the prosecution— (a) by way of summary proceeding under the
Justices Act 1886 ; or
(b) on indictment.
(2) A magistrate must not hear an
indictable offence summarily if— (a) the defendant asks at the start of the
hearing that the charge be prosecuted on indictment; or
(b) the magistrate
considers the charge should be prosecuted on indictment.
(3) If subsection
(2) applies— (a) the magistrate must proceed by way of an examination of
witnesses for an indictable offence; and
(b) a plea of the person charged at
the start of the proceeding must be disregarded; and
(c) evidence brought in
the proceeding before the magistrate decided to act under subsection (2) is
taken to be evidence in the proceeding for the committal of the person for
trial or sentence; and
(d) before committing the person for trial or
sentence, the magistrate must make a statement to the person as required by
the Justices Act 1886 , section 104 (2) (b) .
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