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Conditions to be complied with before preliminary investigation or inquiry
43. Where an adult is charged with an indictable offence specified in Schedule 2 to the Order, a justice of the peace (other than a resident magistrate) shall not proceed to conduct a preliminary investigation or preliminary inquiry unless he is informed that—
(a)the prosecutor will not in any event consent to summary trial of the charge under Article 45 of the Order; or
(b)a resident magistrate has decided that it is not expedient to deal with the charge summarily.
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