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Section history

Section 210 — Transmission of case to General Division of High Court

As in force on 31 December 2021.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 17 September 2018 Act 19 of 2018
  3. 2 January 2021 Act 40 of 2019
  4. 31 December 2021 Revised edition
  5. 17 August 2026 Latest
Revised edition in force 31 December 2021

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.

210.Transmission of case to General Division of High Court

(1)Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence.

(2)Upon receipt of the fiat mentioned in subsection (1) together with the charge, the Magistrate’s Court must cause the charge to be read and explained to the accused and thereafter —

(a)transmit the case to the General Division of the High Court for the purpose of trial; and

(b)order that the accused be remanded in custody until and during the trial, unless the accused is released on bail.

(3)To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part 6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial.