The defendant must be remanded either in custody or on bail to appear at the given date and time. no later than 70 days after the date on which the person was sent for trial, or: in the case of a person committed in custody, no later than 50 days after the date on which the person was sent for trial (Regulation 2). The digital transmission of material (IDPC, Indictment, Disclosure, additional evidence and service of the case) is greatly assisted by DCS and defence engagement in the digital communication is crucial to dealing with future case presentation and defence engagement. Some examples of summary offences include: Possession of less than 30 grams of marijuana If the answer is "yes", the court must make arrangements for the Crown Court to take the defendant's plea as soon as possible, or if the defendant does not answer, or the answer is "no", make arrangements for a case management hearing in the Crown Court - 9.7 (5) (a) CrimPR 2015. the either way offence remaining is a grave crime (section 91(1) Powers of Criminal Courts (Sentencing) Act 2000) requiring Crown Court trial (See Youth Offenders Guidance); or. In these circumstances the prosecution must decide whether it is in the public interest to continue with the case. In that event, the case would, in effect, still be within the jurisdiction of the magistrates' court and a further hearing would have to be arranged. Further see Better Case Management processes, in force from 5 October 2015, below. If there is a not guilty plea, the summary only offence may be dealt with only by the magistrates' court. Maximum penalties for indictable offences vary depending on the severity of the offence Some indictable offences have minimum penalties. If the indictable only case is dismissed, any remaining either way matters must still be prepared for the Crown Court. App. However under "Better Case Management" there is more emphasis on earlier service when possible. The advantage of an offence being dealt with summarily in the Local Court, as opposed to the District Court, are that the penalty imposed cannot exceed two years imprisonment, and the matter will typically be dealt with in a shorter period of time. Sexual Assault with a Weapon; Dangerous Driving Causing Death; Murder; Criminal Negligence Causing Death Capable of being indicted. The upcoming reforms in New South Wales will see four offences move from being offences that must be tried on indictment, to offences that maybe tried summarily if the prosecution and defence agree to do so. A copy of the same material should be served in good time on the Crown Court, via DCS where available, for the use of the judge at the PTPH. The maximum penalty is usually a fine of $5,000 or six months jail time or both. The hearing must be listed before the date set for service of the prosecution evidence. Some 'either way' burglary, drug trafficking and firearms offences become triable only on indictment in certain circumstances. See the committal proceedings page for more information. Section 3 of the Criminal Procedure Act 1986 (NSW) defines an indictable offence as: “An offence (including a common law offence) that may be prosecuted on indictment.”. 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