South Australian Current Acts South Australian Current Acts120—Fixing of arraignment date and remand of defendant
(1) Where the
Magistrates Court commits a defendant to a superior court for trial, the
Magistrates Court must fix a date for the defendant's arraignment and in doing
so must—
(a) have
regard to information provided by the prosecution as to the material to be
considered for the purposes of completion of the prosecution case statement
and the time within which it is expected that the prosecution case statement
can be completed; and
(b) have
regard to information (if any) provided by the defendant as to the time that
may be required for the purposes of completion of the defence case statement;
and
(c)
ensure that the date fixed for the arraignment—
(i)
allows a period of at least 6 weeks (or such longer
period as may be necessary in the circumstances) for the completion of the
prosecution case statement; and
(ii)
allows an additional period of not less than 6 weeks (to
ensure that all of the case statement requirements set out in section 123
can be complied with).
(2) Where the
Magistrates Court commits a defendant who is a natural person to a superior
court for trial or sentence, the Court will remand the defendant in custody or
release the defendant on bail to await trial or sentence.