Text as at 1 July 2026

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94 Automatic rehearing in certain cases

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Explained inBill clause 94 EM on clause 94

(1)On an application under section 88, if—

(a)the charge-sheet was served in accordance with section 394 (ordinary service); and

S. 94(1)(a) amended by No. 68/2009 s. 51(w).

(b)the Magistrates' Court is satisfied that the charge-sheet was not brought to the notice of the applicant prior to the hearing of the charge—

the court must set aside any findings and orders made in the earlier proceeding and rehear the charge.

(2)If a person is served with a notice under section 87(4) and applies under section 88 for a rehearing of the charge within 28 days after the date of service of the notice, the Magistrates' Court must set aside the findings and orders made in the earlier proceeding and rehear the charge.

Chapter 8 contains general provisions that apply to all criminal proceedings.