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Section history

Section 175 — Procedure for cases to be tried in High Court

As in force on 1 April 2015.

Timeline 4 versions
  1. 2 January 2011 Enacted
  2. 1 April 2015 You are here
  3. 17 September 2018 Act 19 of 2018
  4. 2 January 2021 Act 40 of 2019
  5. 17 August 2026 Latest
175.Procedure for cases to be tried in High Court

(1)Before a case is to be tried in the High Court, the committal procedures under Division 2 or the transmission procedures under Division 5 shall apply in accordance with this section.

(2)Subject to subsections (3), (4) and (5), the committal procedures under Division 2 shall be held for the purpose of committing an accused to stand trial in the High Court where the accused is to be tried in the High Court for an offence.

(3)The transmission procedures under Division 5 shall apply to any offence specified in the Third Schedule which is to be tried in the High Court.

(4)Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is not punishable with death, the transmission procedures under Division 5 shall apply to both offences.

(5)Where an accused may be tried at the same trial in the High Court for an offence specified in the Third Schedule, together with an offence which is not specified in the Third Schedule and is punishable with death, the transmission procedures under Division 5 shall apply to the offence specified in the Third Schedule and the committal procedures under Division 2 shall apply to the other offence.