RULE 5 - INITIAL APPEARANCE
Purpose of the Initial Appearance
(1) Subject to subrule (5), the purpose of the initial appearance is to set a timely date for the accused's arraignment hearing.
If Accused not Represented by Legal Counsel
(2) If an accused is not represented by legal counsel at the initial appearance, the justice shall
(a) determine whether or not the accused wishes to consult with or obtain legal counsel; and
(b) if so, adjourn the initial appearance for a period that is reasonable for that purpose.
Referral to Legal Counsel
(3) A justice may refer an accused who is not represented by legal counsel to duty counsel or other legal counsel of the accused's choice before setting a date for the arraignment hearing.
Preparation for Arraignment
[REPEALED OIC 484/2013]
Intention to Enter Guilty Plea
(5) If the accused indicates to the justice the intention to enter a guilty plea, the justice shall record the accused's intention to plead guilty and set the matter to be heard by a judge
(a) immediately; or
(b) on another date, if the justice is satisfied upon application by the prosecutor or the accused that the interests of justice may be served and an unnecessary trial date be avoided by adjourning to such later date.
Referral to Judge
(6) A justice may at any time refer a matter to a judge for directions and the judge may make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules.
Expedited Arraignment
(7) If an accused is to be held in custody until trial or preliminary inquiry, as the case may be, or if a judge determines that an accused requires that a time for trial be expedited, a judge may
(a) order that the matter proceed directly to an arraignment hearing on a date determined by the judge after consultation with the trial scheduler; and
(b) make any order or give any direction that the judge considers necessary to achieve the purpose of these Rules,
[AMENDED OIC 484/2013]