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Section history

Section 215 — When Case for the Defence is served

As in force on 31 December 2021.

Timeline 7 versions
  1. 2 January 2011 Enacted
  2. 31 August 2012 Revised edition
  3. 17 September 2018 Act 19 of 2018
  4. 2 January 2021 Act 40 of 2019
  5. 31 December 2021 Revised edition
  6. 14 February 2025 Act 5 of 2024
  7. 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.

215.When Case for the Defence is served

(1)If, at the further criminal case disclosure conference held on the date mentioned in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238 —

(a)the defence does not indicate that the accused wishes to plead guilty, the defence may file in the General Division of the High Court the Case for the Defence and serve a copy on the prosecution and on every co‑accused claiming trial with the accused (if any) not later than 2 weeks from the date of the further criminal case disclosure conference; or

(b)the defence indicates that the accused does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the General Division of the High Court.

(2)The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records mentioned in section 218(1).