58Second appearance before justices for indictable offence: election and plea

### 58 Second appearance before justices for indictable offence: election and plea > *\[Section 58 Substituted by No. 108 of 1974, s. 17 \]**\[Section 58 Subsection (2) amended by No. 45 of 1986, s. 11 \]**\[Section 58 Subsection (2) amended by No. 71 of 1993, s. 6 \]**\[Section 58 Subsection (3) amended by No. 45 of 1986, s. 11 \]**\[Section 58 Subsection (3) omitted by No. 34 of 1989, s. 5 \]*[*\[Section 58 Substituted by No. 22 of 2007, s. 9, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS9@EN) > > > (1)  On the appearance before justices of a defendant charged with an indictable offence following an adjournment of the proceedings under [section 55(5)](#GS55@Gs5@EN) , the defendant – > > > > > > (a) if the charge is one in respect of which the defendant under [section 72](#GS72@EN) is entitled to elect to be tried or sentenced either by justices or the Supreme Court, is to make that election; and > > > > > > > (b) is to plead to the charge as specified in [section 59](#GS59@EN)  – > > > > unless the justices determine that, in the particular circumstances of the case, the interests of justice require that proceedings be further adjourned before the defendant is required to make an election or plead to the charge. > > > (2)  If – > > > > > > (a) the defendant, as allowed by the determination of the justices under [subsection (1)](#GS58@Gs1@EN) , does not make the election or plead to the charge under that subsection; and > > > > > > > (b) the proceedings are further adjourned – > > > > that subsection applies to the next appearance of the defendant before justices.