Part 19Supplementary

Chapter 3Interpretation

376“Conviction”, “sentence” etc in relation to summary hearings and the SAC

1

Where a charge against a person in respect of an offence is heard summarily by an officer, subsections (2) to (4) apply for the purposes of references in this Act to conviction, acquittal, sentence or passing sentence, or to any related expressions.

2

If the officer records a finding that the charge has been proved, or the Summary Appeal Court substitutes a finding that a charge in respect of another offence has been proved, that shall be treated as a conviction.

3

Any punishment awarded by the officer, or by the Summary Appeal Court, shall be treated as a sentence.

4

If the officer dismisses the charge under section 131, or the Summary Appeal Court quashes a finding that the charge has been proved, that shall be treated as an acquittal.

5

In this Act “in open court”, in relation to a summary hearing by an officer, means in the presence of the offender.