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Section history

Section 238 — Power to postpone or adjourn proceedings

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

Amendments
238.Power to postpone or adjourn proceedings

(1)The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.

(2)IfSubject to subsection (3), if the accused is not on bail, the court may by a warrant remand himthe accused in custody as it thinks fit.

(3)If the accused is on bail, the court may extend the bail.it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time.

Subsection (4) — Original text to 1 March 2012superseded

(4)No Magistrate’s Court may remand an accused in custody under this section for more than 8 days at a time.

Explanation.—If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Subsection (4) — From 1 March 2012 (current)rewritten by Statutes (Miscellaneous Amendments) Act 2012

(4)If the accused is on bail, the court may extend the bail.

(5)The court must record in writing the reasons for the postponement or adjournment of the proceedings.