CRIMINAL PROCEDURE AND EVIDENCE ACT
(ii) on good cause shown, the court may dispense with such notice or adjourn the trial to
enable such notice to be given.
[Section amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
180 Pleas
(1) If the accused does not object that he has not been duly served with a copy of the indictment, summons or charge or apply to have it quashed under section one hundred and seventyeight, he shall either plead to it or except to it on the ground that it does not disclose any offence cognizable by the court.
(2) If the accused pleads, he may plead—
(a) that he is guilty of the offence charged or, with the concurrence of the prosecutor, of
any other offence of which he might be convicted on the indictment, summons or
charge; or
(b) that he is not guilty; or
(c) that he has already been convicted of the offence with which he is charged; or
(d) that he has already been acquitted of the offence with which he is charged; or
(e) that he has received the pardon of the President for the offence charged or is immune
from liability to prosecution for the offence, whether in terms of section 267(2) or any
other law; or
Paragraph amended by s. 36 of Act No. 2 of 2016]
(f) that the court has no jurisdiction to try him for the offence; or
(g) that the prosecutor has no title to prosecute; or
(h) that he or she is entitled to an order under section 167A permanently staying the prosecution on the ground that there has been an unreasonable delay in bringing him or her
to trial for the offence; or
[Paragraph inserted by s. 36 of Act No. 2 of 2016]
(i) that a court has given an order under section 167A permanently staying the prosecution
of the offence.
[Paragraph inserted by s. 36 of Act No. 2 of 2016]
(3) Two or more pleas may be pleaded together, except that the plea of guilty cannot be
pleaded with any other plea to the same charge.
(4) The accused may plead and except together.
(5) Subject to section one hundred and eighty-eight, the accused may, together with his
plea, offer an explanation of his attitude in relation to the charge or statement indicating the
basis of his defence and such explanation or statement shall be recorded and shall form part of
the record of the case.
(6) Any person who has been called upon to plead to any indictment, summons or charge
shall, except as is otherwise provided in this Act or in any other enactment, be entitled to
demand that he be either acquitted or found guilty by the judge or magistrate before whom he
pleaded:
Provided that—
(i) where a plea of not guilty has been recorded, whether in terms of section two hundred
and seventy-two or otherwise, the trial may be continued before another judge or magistrate if no evidence has been adduced;
(ii) where a plea of guilty has been recorded, the trial may be continued before another
judge or magistrate if no evidence has been adduced or no explanation has been given
or inquiry made in terms of paragraph (b) of subsection (2) of section two hundred and
seventy-one.
181 Person committed or remitted for sentence
(1) When a person has, in terms of subsection (4) of section ninety, been committed to the
High Court by a magistrate for sentence, or his case has been remitted by the ProsecutorGeneral to a magistrates court for sentence, he shall be called upon to plead to the indictment,
summons or charge in the same manner as if he had, in the case of such committal, been com79
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