400When defendants or proceedings to be heard together under same procedural law

1. This section applies if—

2. proceedings were commenced (in any of the ways described in section 397(3)) before 1 July 2013 against a defendant for an offence; and
3. the proceedings have not been finally determined; and
4. the proceedings are not proceedings to which section 399 applies; and
5. on or after 1 July 2013,—
   1. a charging document is filed against the defendant for an offence arising from the same transaction, set of circumstances, incident, or series of incidents as the offence for which proceedings were commenced before 1 July 2013; or
   2. a charging document is filed against another person charging him or her with an offence arising from the same transaction, set of circumstances, incident, or series of incidents specified in the information laid against the defendant, and the prosecutor wishes the charges against both defendants to be heard together.

6. The proceedings against the defendant or defendants must be conducted in accordance with the law as it was before 1 July 2013 as if any charging document filed under the Act were an information laid and filed under the Summary Proceedings Act 1957.

7. The prosecutor must give a notice to the court and the defendant or defendants that states whether the charging document referred to in subsection (2) is to be treated as an information in form 1 of Schedule 2 of the Summary Proceedings Act 1957 (as it read before its repeal) or an information in form 2 of Schedule 2 of that Act (as it read before its repeal).