Things to note:

• If a charge says it must be dealt with in a certain court, that means there is no election possible by defence or prosecution.
• Any charge where a defendant has an election can be dealt with summarily unless the defendant elects jury trial.
• If charged with the additional circumstance of aggravation under s161Q of the Penalties and Sentence Act 1992 (Qld) then a minimum of 7 years of actual imprisonment must be imposed, cumulative on any other sentences imposed. See s161Q of the Act to calculate periods of imprisonment.
• Any drug offence will state whether a serious drug offence certificate will issue, or whether drug diversion is available for the offence. If it doesn’t state either of those things, then they don’t apply.
• While it is mandatory to deal with some offences summarily, and elections can be made to deal with matters summarily, the Magistrate retains an overriding discretion pursuant to s552D to abstain from dealing with the matter if they are satisfied the defendant may not be adequately punished (or because of some other exceptional circumstance). In such cases, the matter must then proceed as a committal hearing.
• Where a Magistrate is hearing a Weapons Act offence with a maximum penalty over 2 years, and decides the matter should proceed on indictment, they can turn the proceeding into a committal hearing under ss161(6)-(7) of the Weapons Act.
• Where an indictable offence is dealt with summarily, the maximum penalty is 3 years imprisonment or 100 penalty units. For a Magistrate imposing a drug and alcohol treatment order (i.e. a Drug Court order) the maximums are 4 years imprisonment or 100 penalty units —see s552H. For Weapons Act offences, the maximums are 150 penalty units and 3 years imprisonment.