Section 164

If a charge is framed or alteration made under section 163 the court shall forthwith call upon the accused to plead thereto and to state whether he is ready to be tried on such new or altered charge.

If the accused declares that he is not ready, the court shall duly consider the reasons he may give and, if proceeding immediately with the trial is not likely in the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may, in its discretion, after the charge or alteration has been framed or made, proceed with the trial as if the new or altered charge had been the original charge. [163