Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 19 : Plea in Magistrate's Court on Charge Justiciable in Superior Court119. Accused to plead in magistrate's court on instructions of attorney-general |
When an accused appears in a magistrate's court and the alleged offence may be tried by a superior court only or is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate’s court, the prosecutor may, notwithstanding the provisions of section 75, on the instructions of the attorney-general, whether in general or in any particular case, put the charge, as well as any other charge which shall, in terms of section 82, be disposed of in a superior court, to the accused in the magistrate’s court, and the accused shall, subject to the provisions of sections 77 and 85, be required by the magistrate to plead thereto forthwith.
[Section 119 substituted by section 16 of Act No. 59 of 1983]