MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 3 Legal proceedings

[s 496]

          (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).
          (4)   The maximum penalty of imprisonment that may be
                summarily imposed for an indictable offence is 1 year’s
                imprisonment.

496        Limitation on who may summarily hear indictable offence
           proceedings
          (1)   A proceeding must be before a magistrate if it is a
                proceeding—
                (a)   for the summary conviction of a person on a charge for
                      an indictable offence; or
                (b)   for an examination of witnesses for a charge for an
                      indictable offence.
          (2)   However, if a proceeding for an indictable offence is brought
                before a justice who is not a magistrate, jurisdiction is limited
                to taking or making a procedural action or order within the
                meaning of the Justices of the Peace and Commissioners for
                Declarations Act 1991.

497        Limitation on time for starting summary proceedings
                A proceeding for an offence against this Act by way of
                summary proceeding under the Justices Act 1886 must start—
Page 426                                             Current as at 20 February 2014