Skip to content
In force2020 Revised Edition
Contents

Part 9 · Pre-Trial Procedures in the State Courts

158. Reading of charge

Feedback & support

In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:

(a)

when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused;

(b)

the accused must be asked whether he or she wishes to claim trial or plead guilty to the charge unless either party to the case applies for, and the court grants, an adjournment without the plea being recorded;

(c)

if the accused, after he or she has been asked to plead —

(i)

pleads guilty to the charge, Division 3 of Part 11 applies;

(ii)

refuses to plead or does not plead or claims trial to the charge, and the case is subject to the criminal case disclosure procedures by virtue of section 159, Division 2 applies; or

(iii)

refuses to plead or does not plead or claims trial to the charge, and the case is not subject to the criminal case disclosure procedures by virtue of section 159, Division 4 applies.

Report

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