CRIMINAL PROCEDURE AND EVIDENCE ACT
(2) A person who counsels or procures another to commit an offence, or who aids another
person in committing an offence, or who after the commission of an offence harbours or assists
the offender, may be charged in the same indictment, summons or charge with the principal
offender, and may be tried with him or separately or may be indicted and tried separately,
whether the principal offender has or has not been convicted or is or is not amenable to justice.
159 Joint trial of persons charged with different offences
When it is alleged in an indictment, summons or charge that two or more persons have committed separate offences at the same time and place or at the same place and about the same
time and the prosecutor informs the court that any evidence which is, in his opinion, admissible
at the trial of those persons is, in his opinion, also admissible at the trial of the other person or
persons, such persons may be tried jointly for those offences on that indictment, summons or
charge.
PART XI
PROCEDURE BEFORE COMMENCEMENT OF TRIAL
A. In High Court
160 Bringing of accused persons to trial before High Court
(1) Except as is otherwise expressly provided in this Act as to the postponement or adjournment of a trial, every person committed for trial or sentence whom the Prosecutor-General has
decided to prosecute before the High Court shall be brought to trial on such date as may be
determined by the Proscutor-General:
Provided that the High Court may, on application by the accused and on good cause shown
by him, order that the trial shall take place on an earlier date than that determined by the Prosecutor-General.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(2) If a person referred to in subsection (1) is not brought to trial after the expiry of six
months from the date of his committal for trial, his case shall be dismissed:
Provided that any period during which such person is, through circumstances beyond the
control of the Prosecutor-General, not available to stand trial shall not be included as part of
the period of six months referred to in this subsection.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(3) …
[Subsection repealed by s. 13 of Act No. 9 of 2006]
161 Change of place of trial
(1) When an indictment has been presented against an accused person in the High Court, any
judge may, upon application by or on behalf of the Prosecutor-General or by or on behalf of the
accused, order that the trial shall be held at some place other than that specified in the notice of
trial and at a time to be named in the order.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(2) When any order is made under subsection (1), the consequences shall be the same in all
respects and with regard to all persons as if the Prosecutor-General had decided to prosecute
the accused at the place named in the order and at the time specified therein, and if he has been
admitted to bail—
(a) the recognizances of the bail shall be deemed to extend to that time and place accordingly; and
(b) the recognizances of any persons who are bound to attend as witnesses shall be deemed
to extend to the same time and place.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(3) Notice of the time and place named and specified in an order in terms of subsection (1)
shall be given to the persons bound by the recognizances, otherwise their recognizances shall
not be forfeited.
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