Provided that any period during which such person is, through circumstances beyond the control of the Attorney-General, not available to stand trial shall not be included as part of the period of six months referred to in this subsection. (3) …. [Subsection repealed by section 13 of Act 9 of 2006.] 161 Change of place of trial (1) When an indictment has been presented against an accused person in the High Court, any judge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 Attorney-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. (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 Attorney-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. (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. 162 When removed prisoner to be tried Where a case has, in terms of section one hundred and sixty-one, been removed for trial elsewhere and the accused is in custody, the judge granting the order of removal shall issue a warrant directing his transmission forthwith to the prison of the area to which the case has been removed and the accused shall be tried as soon as reasonably possible on a date to be determined by the Atto rney-General: Provided that the accused shall not be tried less than ten days after his arrival at the prison except with his consent. B. In magistrates court 163 Accused in magistrates court to be brought for trial at once Any person to be prosecuted on a criminal charge in a magistrates court shall be brought for trial at the next possible court day. 164 Persons brought before wrong court (1) If on the trial of a person charged with any offence before any magistrates court it appears that he is not properly triable before the court, he is not by reason thereof entitled to be acquitted, but the court may at the request of the accused direct that he be tried before some proper court, and may remand him for trial accordingly. (2) If he does not make a request in terms of subsection (1), the trial shall proceed and the verdict and judgment shall have the same effect in all respects as if the court had originally had jurisdiction to try the accused. (3) This section shall not affect the right of the accused to plead to the jurisdiction of a court. C. General for all courts 165 Trial of pending case may be postponed Subject to subsection (2) of section one hundred and sixty, any court before which a criminal trial is pending may, if it is necessary or expedient, postpone the trial until such time and to such place and upon such terms as to such court may seem proper, and further postponements may, if necessary or expedient, be made from time to time: Provided that where a trial is pending before a magistrates court such trial shall not, unless the accused consents thereto, be postponed for a period exceeding fourteen days at any one time. 166 Adjournment of trial (1) A trial may, if it is necessary or expedient, be adjourned at any period of the trial, whether evidence has or has not been given. (2) A trial before a magistrates court shall not, unless the accused consents thereto, be adjourned for a period exceeding fourteen days but such adjournment may, if necessary, take place more than once upon sufficient cause appearing to the magistrate. 167 Accused may be admitted to bail on postponement or adjournment of trial (1) When a trial is postponed or adjourned in terms of section one hundred and sixty-five or one hundred and sixty-six, the court may direct that the accused be detained until liberated in accordance with law or release him on bail or extend his bail if he has already been released on bail, and may extend the recognizances of the witnesses. (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.