PART VI
TRIALS
GENERAL PROVISIONS RELATING TO TRIALS

B. - Trials Generally

(c) Accelerated Trial and Disposal of Cases

193.-(1) A person formally charged with a warrant offence which is punishable only by a fine or by imprisonment not exceeding six months or by a combination of such sentences may, in writing or through an advocate, plead guilty to the charge whether that person is summoned or not and the magistrate shall dispense with the personal attendance of the accused unless his personal attendance is required for any other reason in which case he may direct the personal attendance of the accused.

(2) If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and such fine is not paid within the time prescribed for its payment the magistrate may forthwith issue a summons calling upon the accused person to show cause why he should not be committed to prison for such term as the magistrate may then prescribe; but if the accused person does not attend upon the return of such summons the magistrate may forthwith issue a warrant and commit him to prison for such terms as the magistrate may determine.

(3) If, in any case in which under this section the attendance of an accused person is dispensed with, previous convictions are alleged against him and are not admitted in writing or through such person's advocate the magistrate may adjourn the proceedings and direct the personal attendance of the accused and, if necessary, enforce his attendance in the manner provided under this Act.

(4) Whenever the attendance of an accused person has been dispensed with and his attendance is subsequently required, the cost of any adjournment for the purpose shall be borne in any event by the accused.


194.-(1) Where an accused person charged with a non-warrant offence, other than an offence punishable with death or life imprisonment, intends to plead guilty to the charge and desires to have his case disposed of at once he may give a written notice to that effect to the magistrate before whom the case is to be heard, and it shall be lawful for the magistrate to serve the person with a formal charge and a notice to appear, not less than four clear days, before the magistrate for the purpose of pleading to the charge and final disposition of the case.

(2) If the accused in pursuance of a notice served upon him under subsection (1) appears and pleads guilty to the charge, the magistrate shall deal with the case in like manner as a case where the accused pleads guilty under section 229 save that if the case is such as can be tried only in the High Court or is of such an aggravated nature that the magistrate holds that the question of punishment shall be disposed of by that court, the magistrate shall remit the accused to that court for sentence, and such remittal shall be a sufficient warrant to bring the accused, without any further notice, before the High Court for sentence; and the original warrant of commitment for such period until he is liberated in due course of law shall remain in force until he is brought before the High Court for sentencing.

(3) If the accused when brought before the magistrate to plead does not plead guilty to the charge or pleads guilty only to a part of the charge, the magistrate shall not accept such restricted plea, and the plea shall be deserted pro loco et tempore, and thereafter the procedure against the accused shall be continued according to the other provisions of this Act.

(4) Where an accused person intends to rely upon an alibi in his defence, he shall give to the court and the prosecution notice of his intention to rely on such defence before the hearing of the case.

(5) Where an accused person does not give notice of his intention to rely on the defence of alibi before the hearing of the case, he shall furnish the prosecution with the particulars of the alibi at any time before the case for the prosecution is closed.

(6) If the accused raises a defence of alibi without having first furnished the prosecution pursuant to this section, the court may in its discretion, accord no weight of any kind to the defence.