South Australian Current Acts South Australian Current Acts109—Committal proceedings generally
(1) The committal
proceedings for an indictable offence will consist of—
(a) an
appearance (the "committal appearance") in the Magistrates Court conducted in
accordance with section 110; and
(b) a
hearing (the "answer charge hearing") in the Magistrates Court at which—
(i)
the defendant will be asked to formally answer the charge
in accordance with section 113; and
(ii)
if the defendant does not plead guilty—the Court
will go on to take evidence in accordance with section 114 and evaluate
that evidence in accordance with section 115.
(2) The Magistrates
Court may exclude a defendant from any committal proceedings if his or her
conduct is disruptive and may excuse a defendant from attendance at the
committal appearance for any proper reason.
(3) A defendant who
has elected for trial of a minor indictable offence by a superior court may,
at any time before the conclusion of the committal proceedings, withdraw the
election and in that event—
(a) the
Magistrates Court will not proceed to deal with the charge in accordance with
this Division (and the matter will instead be dealt with by trial conducted in
the Magistrates Court or by plea entered in the Magistrates Court); and
(b) if
the matter is dealt with by trial conducted in the Magistrates Court, the
Magistrates Court may, if the defendant agrees, admit evidence given or
tendered at the answer charge hearing.
Note—
In relation to trials and pleas for minor indictable offences conducted in the
Magistrates Court see Division 4.
(4) A defendant who
has pleaded to a charge at or before committal proceedings may withdraw the
plea and substitute some other plea before the conclusion of the committal
proceedings.