55Procedure when brought before justices

55 Procedure when brought before justices

[Section 55 Substituted by No. 22 of 2007, s. 9, Applied:01 Feb 2008]

(1)  [Section 55 Subsection (1) amended by No. 23 of 2009, s. 24, Applied:16 Jun 2009] If at the first appearance before justices of a person charged with an indictable offence the person is not represented by a lawyer, the justices must –

(a) cause the charge to be read to the person or explain to the person, in simple terms, the offence with which the person is charged; and

(b) explain to the person his or her rights and duties under this Act in respect of the charge; and

(c) invite the person to enter a plea to the charge.

(2)  The justices are not required to comply with subsection (1)(a) if they are satisfied that the defendant has received a copy of, and understands the nature of, the charge.

(3)  If a defendant charged with an indictable offence is attending before the Court for the first time in respect of that offence, the defendant may –

(a) plead to the offence as specified in section 59 ; or

(b) state that he or she does not wish to plead to the offence.

(4)  If the defendant pleads guilty to the offence and the charge is one in respect of which the defendant under section 72 is entitled to elect to be tried or sentenced either by justices or the Supreme Court, the defendant is to make that election unless the justices determine otherwise in the interests of justice.

(5)  [Section 55 Subsection (5) amended by No. 76 of 2009, s. 15, Applied:01 Feb 2010] If the defendant does not plead guilty to the offence charged or another offence as specified in section 59(1)(b) , the justices are to adjourn the proceedings for a period not exceeding 4 weeks.

(6)  does not apply if –