(a)the charge that the prosecution intends to proceed with;
Section history
Section 176 — Committal hearing
As in force on 13 March 2013.
Timeline 3 versions
- 2 January 2011 Enacted
- 13 March 2013 You are here
- 17 September 2018 Act 19 of 2018
- 17 August 2026 Latest
(1)The prosecution and the accused shall attend a criminal case disclosure conference as directed by a court for the purpose of settling the following matters:
(b)whether the accused intends to plead guilty or claim trial to the charge; and
(c)the date for the holding of a committal hearing.
(2)If the accused intends to plead guilty to an offence other than an offence punishable with death, the court shall fix a date for a committal hearing to be conducted in accordance with section 178(1).
(3)If the accused intends to plead guilty to an offence punishable with death, or intends to claim trial —
(a)the court shall fix a date for a committal hearing; and
(b)the prosecution must file in court the Case for the Prosecution and serve a copy of this on the accused and every co-accused, if any, not less than 7 days before the date fixed for the committal hearing.
(4)The Case for the Prosecution filed under subsection (3)(b) must contain the following:
(a)the charge which the prosecution intends to proceed with at the trial;
(b)a list of the names of the witnesses for the prosecution;
(c)a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)the statements of witnesses which are intended by the prosecution to be admitted under section 179(1); and
(e)any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.