CRIMINAL PROCEDURE AND EVIDENCE ACT (2) When a trial is postponed or adjourned in terms of section one hundred and sixty-five or one hundred and sixty-six and the accused is not in custody and has not been admitted to bail, he shall be deemed to have been served with a summons to appear at the time and place to which the trial was postponed or adjourned. 167A Unreasonable delay in bringing accused to trial (1) A court before which criminal proceedings are pending shall investigate any delay in the completion of the proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, to the accused or his or her legal representative, to a witness or other person concerned in the proceedings, or to the public interest. (2) In considering whether any delay is unreasonable for the purposes of subsection (1), the court shall consider all the circumstances of the case and in particular the following— (a) the extent of the delay; (b) the reasons advanced for the delay; (c) whether any person can be blamed for the delay; (d) whether the accused has raised such objections to the delay as he or she might reasonably have been expected to have raised; (e) the seriousness, extent or complexity of the charge or charges; (f) any actual or potential prejudice which the delay may have caused to the State, to the accused or his or her legal representative or to any other person concerned in the proceedings; (g) the effect of the delay on the administration of justice; (h) the adverse effect on the interests of the public or the victims in the event of the prosecution being stopped or discontinued. (3) If after an investigation in terms of subsection (1) the court finds that— (a) the completion of the proceedings is being unduly delayed; or (b) there has been an unreasonable delay in bringing the accused to trial or in completing the trial; the court may issue such order as it considers appropriate in order to eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice, including an order— (i) refusing further postponement of the proceedings; (ii) granting a postponement subject to such conditions as the court may determine; (iii) that the prosecution of the accused for the offence be permanently stayed; (iv) that the matter be referred to the appropriate authority for an administrative investigation and possible disciplinary action against any person responsible for the delay. (4) The Prosecutor-General may appeal against an order referred to in subsection (3) (iii) as if it were an acquittal of the accused. [Section inserted by s. 35 of Act No. 2 of 2016] 168 Accused to plead to indictment, summons or charge At the time appointed for the trial or sentence of the accused upon any indictment, summons or charge, he shall appear, and shall be informed in open court of the offence with which he is charged as set forth in the indictment, summons or charge, and shall, subject to section three hundred and fifty-six, be required to plead instantly thereto except where, there being an indictment or summons and the accused having objected so to plead, the court finds that he has not been duly served with a copy thereof. 169 Termination of bail on plea to indictment in High Court If the accused is indicted in the High Court after having been admitted to bail, his plea to the indictment shall, unless the court otherwise directs, have the effect of terminating his bail, and he shall thereupon be detained in custody until the conclusion of the trial in the same manner in every respect as if he had not been admitted to bail. 76