72A Pre-trial diet: inquiry about legal representation of accused in cases of sexual offences

1

Where a case to be tried in the High Court is in respect of a sexual offence to which section 288C of this Act applies, the court shall order that, before the trial diet, there shall be a diet under this section and ordain the accused then to attend.

2

At a diet under this section, the court shall ascertain whether or not the accused has engaged a solicitor for the purposes of his defence at the trial.

3

Where, following inquiries for the purposes of subsection (2) above, it appears to the court that the accused has not engaged a solicitor for the purposes of his defence at his trial, it may adjourn the diet under this section for a period of not more than 48 hours and ordain the accused then to attend.

4

A diet under this section shall be not less than 15 clear days after the service of the indictment and not less than 10 clear days before the trial diet.

5

A diet under this section may be conjoined with a preliminary diet.

6

A court may, at a diet under this section, postpone the trial diet.

7

The court may dispense with a diet under this section previously ordered, but only if a solicitor engaged by the accused for the purposes of the defence of the accused at the trial has, in writing—

a

confirmed his engagement for that purpose; and

b

requested that the diet be dispensed with.

8

Where—

a

a solicitor has requested, under subsection (7) above, that a diet under this section be dispensed with; and

b

before that diet has been held or dispensed with, the solicitor—

i

is dismissed by the accused; or

ii

withdraws,

the solicitor shall forthwith inform the court in writing of those facts.

9

It is the duty of a solicitor who—

a

was engaged for the purposes of the defence of the accused at the trial—

i

at the time of a diet under this section; or

ii

in the case of a diet which, under subsection (7) above, is dispensed with, at the time when it was so dispensed with; and

b

after that time but before the trial diet—

i

is dismissed by the accused; or

ii

withdraws,

forthwith to inform the court in writing of those facts.

10

On being so informed, the court shall order a further diet under this section.