CRIMINAL PROCEDURE AND EVIDENCE ACT 162 When removed prisoner to be tried Where a case has, in terms of section one hundred and sixty-one, been removed for trial elsewhere and the accused is in custody, the judge granting the order of removal shall issue a warrant directing his transmission forthwith to the prison of the area to which the case has been removed and the accused shall be tried as soon as reasonably possible on a date to be determined by the Prosecutor-General: Provided that the accused shall not be tried less than ten days after his arrival at the prison except with his consent. [Section amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] B. In magistrates court 163 Accused in magistrates court to be brought for trial at once Any person to be prosecuted on a criminal charge in a magistrates court shall be brought for trial at the next possible court day. 163A Accused in magistrates court to be informed of section 191 rights (1) At the commencement of any trial in a magistrates court, before the accused is called upon to plead to the summons or charge, the accused shall be informed by the magistrate of his or her right in terms of section 191 to legal or other representation in terms of that section. (2) The magistrate shall record the fact that the accused has been given the information referred to in subsection (1), and the accused’s response to it. 164 Persons brought before wrong court (1) If on the trial of a person charged with any offence before any magistrates court it appears that he is not properly triable before the court, he is not by reason thereof entitled to be acquitted, but the court may at the request of the accused direct that he be tried before some proper court, and may remand him for trial accordingly. (2) If he does not make a request in terms of subsection (1), the trial shall proceed and the verdict and judgment shall have the same effect in all respects as if the court had originally had jurisdiction to try the accused. (3) This section shall not affect the right of the accused to plead to the jurisdiction of a court. C. General for all courts 165 Trial of pending case may be postponed Subject to subsection (2) of section one hundred and sixty, any court before which a criminal trial is pending may, if it is necessary or expedient, postpone the trial until such time and to such place and upon such terms as to such court may seem proper, and further postponements may, if necessary or expedient, be made from time to time: Provided that where a trial is pending before a magistrates court such trial shall not, unless the accused consents thereto, be postponed for a period exceeding fourteen days at any one time. 166 Adjournment of trial (1) A trial may, if it is necessary or expedient, be adjourned at any period of the trial, whether evidence has or has not been given. (2) A trial before a magistrates court shall not, unless the accused consents thereto, be adjourned for a period exceeding fourteen days but such adjournment may, if necessary, take place more than once upon sufficient cause appearing to the magistrate. 167 Accused may be admitted to bail on postponement or adjournment of trial (1) When a trial is postponed or adjourned in terms of section one hundred and sixty-five or one hundred and sixty-six, the court may direct that the accused be detained until liberated in accordance with law or release him on bail or extend his bail if he has already been released on bail, and may extend the recognizances of the witnesses. 75