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in paragraph (a) of subsection (2), the words from “and” to the end are repealed,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