Criminal Procedure Code 2010 · 2020 Revised Edition · Part 9 · Pre-Trial Procedures in the State Courts
158. Reading of charge
Feedback & supportIn a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:
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;
when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused;
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;
if the accused, after he or she has been asked to plead —
pleads guilty to the charge, Division 3 of Part 11 applies;
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
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
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.
criminal case disclosure procedures
“criminal case disclosure procedures” means the procedures under Division 2.