South Australian Numbered Acts

STATUTES AMENDMENT (CRIMINAL PROCEDURE) ACT 2005 (NO 74 OF 2005) - SECT 14

14—Amendment of section 107—Evaluation of evidence at preliminary examination

Section 107(5)—delete subsection (5) and substitute:

        (5)         Where the Court commits a defendant for trial, the Court must—

            (a)         provide the defendant with a written statement in the prescribed form—

                  (i)         setting out the more important statutory obligations of the defendant to be fulfilled in anticipation of trial; and

                  (ii)         explaining that non-compliance with those obligations may have serious consequences; and

            (b)         give the defendant such further explanations of the trial procedure and the defendant's obligations in regard to the trial as the Court considers appropriate.

        (6)         If, in any legal proceedings, the question arises whether a defendant has been provided with the statement and explanations required by subsection (5), it will be presumed, in the absence of proof to the contrary, that the defendant has been provided with the statement and explanations.