Part 2Proceedings

Summary procedure

9Procedure at first calling

1

In section 144 (procedure at first diet) of the 1995 Act—

a

in paragraph (a) of subsection (2), the words from “and” to the end are repealed,

b

after subsection (3) there is inserted—

3ZA

Where the prosecutor is not satisfied, in relation to a written intimation of a plea—

a

that the intimation of the plea has been made or authorised by the accused; or

b

that the terms of the plea are clear,

the court may continue the case to another diet.

3ZB

The clerk of court may perform the functions of the court under—

a

subsections (2) and (3) above in relation to a plea of not guilty;

b

subsection (3ZA) above,

without the court being properly constituted.

2

In section 145A (adjournment at first calling to allow accused to appear etc.) of that Act, after subsection (3) there is added—

4

The clerk of court may perform the functions of the court under subsection (1) above without the court being properly constituted.