(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 July 2026.
Timeline 3 versions
- 2 January 2011 Enacted
- 31 December 2021 Revised edition
- 31 July 2026 You are here
- 17 August 2026 Latest
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.