(1) Where the defendant is brought to court on a charge triable summarily, and the defendant pleads not guilty to the charge or guilty to part only of the charge, or does not otherwise admit the charge, and the complainant does not accept such partial plea, the following provisions apply-
(a) the court shall put the case down for trial and make the requisite scheduling order including a projected trial date;
(b) the court may proceed to trial at once if the defendant requests an immediate trial and the prosecutor consents;
(c) where the defendant is brought before the court by arrest he or she shall be entitled to an adjournment for not less than 48 hours, provided the request for the adjournment is made before the complainant has commenced his or her evidence, and the Court shall inform the defendant of his or her right to such adjournment;
(d) the case may proceed to trial at once or on a shorter adjournment than 48 hours, if the court considers this is necessary to secure the examination of witnesses who otherwise would not be available and if the Court is satisfied that this will not result in unfairness to the defendant.
(2) The court shall record in writing or otherwise the reasons for the decision to proceed at once or on a shorter adjournment pursuant to subsection (1)(d).
(Substituted by Act 11 of 2008)