PART VII Solemn Proceedings

Pre-trial proceedings

72DF1Preliminary hearing: further provision

1

The court may, on cause shown, allow a preliminary hearing to proceed notwithstanding the absence of the accused.

2

Where—

a

the accused is a body corporate;

b

it fails to appear at a preliminary hearing;

c

the court allows the hearing to proceed in its absence under subsection (1) above; and

d

no plea is entered on its behalf at the hearing,

it shall be treated for the purposes of proceedings at the preliminary hearing as having pled not guilty.

3

Where, at a preliminary hearing, a trial diet is appointed, the accused shall appear at the trial diet and answer the indictment.

4

At a preliminary hearing, the court—

a

shall take into account any written record lodged under section 72E of this Act; and

b

may ask the prosecutor and the accused any question in connection with any matter which it is required to dispose of or ascertain under section 72 of this Act.

5

The proceedings at a preliminary hearing shall be recorded by means of shorthand notes or by mechanical means.

6

Subsections (2) to (4) of section 93 of this Act shall apply for the purposes of the recording of proceedings at a preliminary hearing in accordance with subsection (5) above as they apply for the purposes of the recording of proceedings at the trial in accordance with subsection (1) of that section.

7

The Clerk of Justiciary shall prepare, in such form and manner as may be prescribed by Act of Adjournal, a minute of proceedings at a preliminary hearing, which shall record, in particular, whether any preliminary pleas or issues were disposed of and, if so, how they were disposed of.

8

In this section, references to a preliminary hearing include an adjourned preliminary hearing.

9

In this section and sections 72 to 72C, “the court” means the High Court.