(a)transfer the case to a District Court;
Section history
Section 240 — Transfer of cases by other courts
As in force on 1 June 2015.
Timeline 6 versions
(1)In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court shall stay proceedings and —
(b)in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176, and that Division shall apply in relation to the case; or
(c)in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(2)In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one which the District Court is not competent to try or one which in the opinion of that Court ought to be tried by the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court shall stay proceedings and —
(a)in a case where the committal procedures under Division 2 of Part X are to be held by virtue of section 175, arrange for a criminal case disclosure conference to be held in accordance with section 176 and that Division shall apply in relation to the case; or
(b)in a case where the transmission procedures under Division 5 of Part X are to be held by virtue of section 175, forward the case to the Public Prosecutor, and that Division shall apply in relation to the case.
(3)The Magistrate’s Court and the District Court shall record its order on the proceedings made under subsections (1) and (2), respectively.
(4)The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, shall not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor.
(5)If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court, as the case may be, and shall record its order on the proceedings.