warned to appear before such court and to remain in attendance during the proceedings against such person in that
court, and thereupon the provisions of subsections (2), (3) and (4) of section sixty-seven shall apply, mutatis
mutandis:
Provided that this subsection shall not apply in respect of a person under the age of eighteen years who is
married or who appears to the officer who arrests or warns that person to be tacitly emancipated.
143 Charges in remitted cases
(1) When any case has been remitted by the Attorney-General to be dealt with by a magistrates court, the
court shall, with all convenient dispatch, cause the accused to be brought before it.
(2) If the accused has been released on bail, the court shall cause a notice to be served on him stating that the
case has been remitted to it to be dealt with and requiring him to appear on the day appointed for the trial.
(3) A notice in terms of subsection (2) shall be served in the same manner as a criminal summons and, if the
accused does not appear as required in the notice, his bail may be estreated and he may be arrested and brought
before the court as in the case of a person who has not appeared upon a criminal summons.
C. General for all courts
144 Joinder of counts
(1) Any number of counts, for any offences whatever, may be joined in the same indictment, summons or
charge and where separate indictments, summonses or charges have been presented against an accused person, the
court may, with the consent of the prosecutor and the accused, treat the separate indictments, summonses or
charges as being a number of counts joined in the same indictment, summons or charge.
[Subsection amended, by repeal of proviso, by section 5 of Act 8 of 1997.]
(2) When there are more counts than one in an indictment, summons or charge, they shall be numbered consecutively, and each count may be treated as a separate indictment, summons or charge.
(3) If the court thinks it conducive to the ends of justice to do so, it may direct that the accused shall be tried
upon any one or more of such counts separately and such direction may be made either before or in the course of
the trial.
(4) The counts in the indictment which are not then tried shall be proceeded upon in all r espects as if they
had been contained in a separate indictment.
(5) If it is alleged that on several different occasions on any one day or during any period any person has
committed—
(a) an offence against or in respect of any one person; or
(b) an offence which is not an offence against or in respect of any person;
the indictment, summons or charge may charge in one count that the accused committed the offence on several
different occasions on that day or during that period.
145 Where doubtful what offence has been committed
If, by reason of the nature of an act or series of acts, or of any uncertainty as to the facts which can be proved,
or if for any other reason whatever it is doubtful which of several offences is constituted by the facts which can be
proved, the accused may be charged with having committed all or any of those offences, and any number of such
charges may be tried at one time, or the accused may be charged in the alternative with having committed some or
one of those offences.
146 Essentials of indictment, summons or charge
(1) Subject to this Act and except as otherwise provided in any other enactment, each count of the indictment, summons or charge shall set forth the offence with which the accused is charged in such manner, and with
such particulars as to the alleged time and place of committing the offence and the person, if any, against whom
and the property, if any, in respect of which the offence is alleged to have been committed, as may be reasonably
sufficient to inform the accused of the nature of the charge.
(2) Subject to this Act and except as otherwise provided in any other enactment, the following provisions
shall apply to criminal proceedings in any court, that is to say—
(a) the description of any offence in the words of any enactment creating the offence, or in similar words,
shall be sufficient; and
(b) any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany in
the same section the description of the offence in the enactment creating the offence, may be proved by
the accused, but need not be specified or negatived in the indictment, summons or charge, and, if so
specified or negatived, no proof in relation to the matter so specified or negatived shall be required on
the part of the prosecution.
(3) Where any of the particulars referred to in this section are unknown to the prosecutor, it shall be sufficient to state that fact in the indictment, summons or charge.
(4) Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal
Law Code, it shall be sufficient to charge him or her with that crime by its name only.
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