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] 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] 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.

(2)  Nothing in subsection (1) requires the justices to explain to the person referred to in that subsection the pleas which may be entered under subsection (5) .

(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) , 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