144Procedure before and on committing accused for trial

144 Procedure before and on committing accused for trial (1) Before committing an accused for trial, the Magistrates' Court must, in the manner prescribed by the rules of court, if any— (a) ask the accused whether the accused pleads guilty or not guilty to the charge; and (b) inform the accused that the sentencing court may take into account a plea of guilty and the stage in the proceeding at which the plea or an intention to plead guilty is indicated. (2) On committing an accused for trial, the Magistrates' Court must— (a) if the accused was not represented by a legal practitioner in the committal proceeding— (i) explain to the accused the importance of obtaining legal representation for the trial; and (ii) advise that the accused has the right, if eligible, to legal aid under the **Legal Aid Act 1978**; and (iii) warn the accused that, if the accused wishes to be legally aided, it is the accused's responsibility to make application to Victoria Legal Aid as soon as possible; and (b) explain to the accused, in a manner likely to be understood by the accused— (i) the provisions of section 190 (alibi evidence), if relevant; and S. 144(2)(b)(ii) substituted by No. 68/2009 s. 15. (ii) the provisions of sections 342, 344 and 346, if relevant; and (iii) any other information required to be given by the rules of court; and (c) if the accused is a natural person, remand the accused in custody, or grant bail, until trial or a date before trial fixed by the court; and Note to s. 144(2)(c) substituted as Notes by No. 26/2017 s. 22. 1 Section 13 of the **Bail Act 1977** prevents the Magistrates' Court granting bail to a person committed for trial on a charge of treason. 2 See section 333 where the accused is undergoing a sentence of detention in a youth justice centre. (d) in the case of a corporate accused, order the accused to appear, by a representative or a legal practitioner, on the day on which the trial of the accused is listed to commence or on any other day specified by the court. See section 252 (offence for corporate accused to fail to appear on day trial listed to commence etc.). Part 4.10—Procedure after committal