CRIMINAL PROCEDURE AND EVIDENCE ACT PART VII COMMITTAL FOR TRIAL IN THE HIGH COURT OF ACCUSED PERSONS 65 Accused to be committed for trial by magistrate before High Court No person shall be tried in the High Court for any offence unless he or she has been previously committed for trial by a magistrate for or in respect of the offence charged in the indictment: Provided that— (i) in any case in which the Prosecutor-General has declined to prosecute, the High Court or any judge thereof may, upon the application of any such private party as is described in sections 13 and 14, order any person to be committed for trial; [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.] (ii) an accused person, other than an accused person committed for trial under section 66, shall be deemed to have been committed for trial for or in respect of the offence charged in the indictment if the evidence taken before the committing magistrate contains an allegation of any fact or facts upon which the accused might have been committed upon the charge named in the indictment, although the committing magistrate may, when committing the accused upon such evidence, have committed him or her for some offence other than that charged in the indictment or for some other offence not known to the law; (iii) an accused person who is in actual custody when brought to trial, or who appears to take his or her trial in pursuance of any recognizance entered into before any magistrate, shall be deemed to have been duly committed for trial upon the charge stated in the indictment unless he or she proves the contrary; (iv) nothing in this section shall be construed as affecting the power of a judge to sentence a person whose case has been transferred to that court on the direction of the ProsecutorGeneral in terms of section 225; [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (v) no irregularity or defect in— (a) any proceedings referred to in section 66; or (b) any other matter relating to the bringing of an accused person before the High Court; shall affect the validity of the trial, but the court may, on the application of the prosecutor or the accused, adjourn the trial to some future day. [Section as substituted by s. 3 of Act No. 9 of 2006] 66 Summary committal for trial of accused person (1) If the Prosecutor-General is of the opinion that any person is under reasonable suspicion of having committed an offence for which the person may be tried in the High Court, the Prosecutor-General shall cause written notice to be served on— (a) a magistrate for the province within which the person concerned resides or for the time being is present; or (b) any magistrate before whom the trial of the offence could be held in respect of the offence concerned; informing the magistrate of his or her decision to indict the person concerned for trial before the High Court and of the offence for which the person is to be tried. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (2) On receipt of a notice in terms of subsection (1), the magistrate shall cause the person to be brought before him or her and shall forthwith commit the person for trial before the High Court and, if the person is in custody, shall issue a warrant for the further detention of the person in prison pending his or her trial before the High Court for the offence for which he or she has been committed. [Subsection substituted by s. 27 of Act No. 2 of 2016] (2a) If a person who is committed for trial in terms of subsection (2) has earlier been granted bail on the charge for which he or she is committed, the grant shall stand but a judge of the 47