Criminal Procedure Code 2010 · 2020 Revised Edition · Part 7 · The Charge
129. Trial after alteration of charge or framing of new charge
Feedback & supportIf a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter the accused’s plea and to state whether the accused is ready to be tried on this altered or new charge.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
If the accused declares that the accused is not ready, the court must duly consider any reason the accused gives.
If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.
proceeding
“proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be;
If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.