Prior serious conviction triggers mandatory sending to higher court for trial when accused again unless magistrate can adequately sentence. If a person previously convicted under Chapters X or XVII with imprisonment for three years or upwards is again accused of an offence under either Chapter with similar imprisonment, and the Magistrate finds ground for presuming commission, the accused shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session unless the Magistrate is competent and believes he can pass an adequate sentence; jointly accused persons are to be similarly sent or committed unless discharged under the relevant discharge provisions.