74AProcedure where defendant not represented

### 74A Procedure where defendant not represented > *\[Section 74A Substituted by No. 34 of 1989, s. 8 \]* > > > (1)  [*\[Section 74A Subsection (1) amended by No. 22 of 2007, s. 17, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS17@EN) When a person charged with a simple offence to which he or she has not entered a plea in writing authorized by rules of court first appears before justices, the justices shall, if that person is not represented by counsel– > > > > > > (a) cause the charge to be read to the person or state to the person in simple terms with what he or she is charged; and > > > > > > > (b) inform the person that he or she is entitled to have the proceedings in respect of the charge adjourned in order to consider a course of action or to obtain legal advice in relation to the charge. > > > (1A)  [*\[Section 74A Subsection (1A) inserted by No. 44 of 2004, s. 39, Applied:16 Nov 2004\]*](/view/html/inforce/2004-11-16/act-2004-044#GS39@EN) The justices are not required to comply with [subsection (1)(a)](#GS74A@Gs1@Hpa@EN) if they are satisfied that the defendant has received a copy of, and understands, the nature of the charge. > > > (2)  Nothing in [subsection (1)](#GS74A@Gs1@EN) requires the justices to explain to the person referred to in that subsection the pleas which may be entered under [subsection (5)](#GS74A@Gs5@EN) . > > > (3)  If a defendant, whether represented by counsel or not, does not require an adjournment or, if the proceedings are adjourned, on the resumption of the proceedings – > > > > > > (a) the charge shall be read to the defendant unless the defendant waives that requirement; and > > > > > > > (b) the defendant shall be called upon to plead to the charge. > > > (4)  Notwithstanding [subsection (3)](#GS74A@Gs3@EN) , the justices may at any time adjourn the proceedings to another date without calling upon the defendant to plead to the charge. > > > (5)  The defendant may plead – > > > > > > (a) guilty of the offence charged or, with the consent of the justices and the prosecutor, of any other offence of which the defendant might be convicted on the complaint; or > > > > > > > (b) not guilty; or > > > > > > > (c) that further proceedings ought not to be had on the complaint; or > > > > > > > (d) that the defendant has cause to show why he or she should not be convicted of the charge. > > > (6)  A defendant who pleads as provided in [subsection (5)](#GS74A@Gs5@EN) [(c)](#GS74A@Gs5@Hpc@EN) , shall state the grounds for making the plea and the justices shall, before proceeding further, hear and determine the plea and – > > > > > > (a) amend the complaint; or > > > > > > > (b) dismiss the complaint; or > > > > > > > (c) overrule the plea. > > > (7)  If the complaint is amended or the plea is overruled, the defendant shall be asked to plead to the amended complaint or to plead further, as the case requires. > > > (8)  A defendant who, on being asked to plead, stands mute or does not answer directly to the charge shall be deemed to plead not guilty.