1

A magistrates’ court inquiring into an offence as examining justices shall on consideration of the evidence—

a

commit the accused for trial if it is of opinion that there is sufficient evidence to put him on trial by jury for any indictable offence;

b

discharge him if it is not of that opinion and he is in custody for no other cause than the offence under inquiry;

but the preceding provisions of this subsection have effect subject to the provisions of this and any other Act relating to the summary trial of indictable offences.

2

If a magistrates’ court inquiring into an offence as examining justices is satisfied that all the evidence tendered by or on behalf of the prosecutor falls within section 5A(3) above, it may commit the accused for trial for the offence without consideration of the contents of any statements, depositions or other documents, and without consideration of any exhibits which are not documents, unless—

a

the accused or one of the accused has no legal representative acting for him in the case, or

b

a legal representative for the accused or one of the accused, as the case may be, has requested the court to consider a submission that there is insufficient evidence to put that accused on trial by jury for the offence;

and subsection (1) above shall not apply to a committal for trial under this subsection.