(a)when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused;
Section history
Section 158 — Reading of charge
As in force on 31 December 2021.
Timeline 3 versions
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:
(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.