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In force2020 Revised Edition
Contents

Part 7 · The Charge

132. Separate charges for distinct offences

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(1)

For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.

(2)

Subsection (1) does not apply —

(a)

in the cases mentioned in sections 133 to 136, 138, 143, 144 and 145;

(b)

to charges to which the accused pleads guilty; or

(c)

to charges which the accused and the prosecutor consent to be taken into consideration under section 148.Illustration A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, A does not need to be separately tried if A pleads guilty to both charges or if A pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.

Report

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules