CRIMINAL PROCEDURE AND EVIDENCE ACT High Court may, in terms of Part IX, alter the conditions of the recognizance or revoke the bail and commit the person to prison. [Subsection inserted by s. 27 of Act No. 2 of 2016] (3) For the purpose of bringing a person before a magistrate to be committed for trial in terms of subsection (2)— (a) the clerk of the magistrates court concerned shall issue a summons at the request of a public prosecutor requiring the person to appear before the magistrate at a specified date, time and place and stating the nature of the offence in respect of which he or she is to be indicted for trial; or (b) the magistrate may issue a warrant for the person’s arrest. (4) Section 140 shall apply, with any changes that may be necessary, to a summons issued in terms of subsection (3)(a) as if it had been issued in terms of that section. (5) Part V shall apply, with any changes that may be necessary, to a warrant issued in terms of subsection (3)(b) as if it had been issued in terms of section 33(1). (6) Where an accused has been committed for trial in terms of subsection (2) there shall be served upon him or her in addition to the indictment and notice of trial— (a) a document containing a list of witnesses it is proposed to call at the trial and a summary of the evidence which each witness will give, sufficient to inform the accused of all the material facts upon which the State relies; and (b) a notice requesting the accused— (i) to give an outline of his or her defence, if any, to the charge; and (ii) to supply the names of any witnesses he or she proposes to call in his or her defence together with a summary of the evidence which each witness will give, sufficient to inform the Prosecutor-General of all the material facts on which he or she relies in his or her defence; and informing the accused of the provisions of section 67(2) in the event that the accused declines to give the information referred to in paragraph (b), whether on the grounds that he or she wishes to exercise his or her right to silence or otherwise. Subsection substituted by s. 27 of Act No. 2 of 2016] (7) The Prosecutor-General shall lodge with the registrar of the High Court a copy of the document and notice referred to in subsection (6). [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (8) Where the accused is to be represented at his or her trial by a legal practitioner, the legal practitioner shall, at least three days, Saturdays, Sundays and public holidays excluded, before the date for trial determined by the Attorney-General in terms of section 160(1)— (a) send to the Prosecutor-General; and [Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (b) lodge with the registrar of the High Court; a document containing the information referred to subsection (6). (9) Where the accused is not to be represented at his or her trial by a legal practitioner, the Prosecutor-General may— (a) serve on the accused a notice directing him or her to appear before a specified magistrate to provide the information referred to in subsection (6)(b); and (b) send to the magistrate specified in terms of paragraph (a) a copy of— (i) the document and notice referred to in subsection (6); and (ii) the notice served in terms of paragraph (a). [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (10) The magistrate shall cause an accused on whom a notice in terms of subsection (9) is served to appear before him or her and— (a) ask the accused if he or she understands the facts set out in the document referred to in subsection (6)(a) and, if necessary, explain those facts; and (b) inform him or her of— 48

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