(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 AttorneyGeneral 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).
(7) The Attorney-General shall lodge with the registrar of the High Court a copy of the document and notice
referred to in subsection (6).
(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 Attorney-General; and
(b) lodge with the registrar of the High Court; a document containing the information referred to subsection
(6)(b).
(9) Where the accused is not to be represented at his or her trial by a legal practitioner, the Attorney-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).
(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 the provisions of section 67(2), and
(c) request the accused to supply the information referred to in subsection (6)(b);
and the proceedings shall be recorded.
(11) The magistrate shall transmit a certified copy of the record made in terms of subsection (10) to the registrar of the High Court.
(12) The registrar shall transmit—
(a) the document and notice lodged with him or her in terms of subsection (7); and
(b) the document lodged with him or her or in terms of subsection (8)(b) or a certified copy of the record
transmitted in terms of subsection (11), as the case may be;
to the judge who is to preside at the trial.
[Section substituted by section 3 of Act 9 of 2006.]
67 Information provided by accused or failure of accused to mention fact relevant to his or her
defence may be used as evidence against accused
(1) A document purporting to be a copy of a document referred to in section 66(8) or a certified copy of a record made in terms of subsection (10) of that section shall be received in evidence before the court upon its mere
production by the prosecutor without further proof, unless it is shown that the information given by the accused
was not in fact duly given:
Provided that, except in so far as it amounts to an admission of any allegation made by the State, any information provided by the accused shall not be taken into account for the purpose of deciding whether the accused
should be found not guilty in terms of section 198(3).
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