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Section history

Section 158 — Reading of charge

Consolidated view is experimental and may be broken for certain provisions.

Amendments
158.Reading of charge

In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:

(a)when an accused is first charged in the court for an offence, a charge must be framed, read and explained to him;the accused;

(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; and

(c)if the accused, after he or she has been asked to plead —

(i)pleads guilty to the charge, Division 3 of Part XI11 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.