Criminal Code (Cap. 9), article 438

438. (1) An official copy of the indictment and of the list referred to in article 590(2) sh all be served on the accused. (2) The accused shall, by means of a note to be filed in the registry of the court not later than fifteen working days from the date of such service - (i) give notice of any pleas r eferred to in article 449 and any plea regarding the admissibility of evidence which he intends to raise, and 292 CAP . 9.] CRIMINAL CODE (ii) indicate the witnesses and produce the documents and other exhibits which he intends to use at the trial, and an official copy of such note shall be served on the Attorn ey General. (3) The Attorney General shall, by means of a note filed in the registry of the court not later than five days from the date of service of the note filed by the accused, give notice of any plea regar ding the admissibility of evidence which he intends to raise. (4) On the expiration of the tim e referred to in the preceding sub-article, the court shall appoint a day for the hearing of a ll the pleas and shall on that day direct the registrar to read out th e indictment, and shall then proceed to determine such pleas befo re the accused pleads to t he general issue of g uilty or not guilty : Provided that the court may ex officio or on the application of the Attorney General or the accused request that the proof intended to be established by the witnesses, documents or exhib its be stated. (5) If no pleas have been raised as provided in sub-articles (2) and (3), or after the determination of such pleas, the court sh all appoint a day for the h earing of the trial. (6) The accused shall be served with a notice of such date allowing a term of at least twenty days to prepare his defence. The court may, on good cause being shown, and after hearing the Attorney General, extend such t erm to any further period as it may deem fit. (7) If, on the day appointed for the hearing of the trial according to sub-article (5), or on any other day thereafter appointed for the same purpose, the trial is adjourned to anoth er day on account of the fact that the accused, without just cause , and notwithstanding that he had been given notice according to law of the day appointed, fails to appear, or on account of the fact t hat although he appears, the trial cannot be heard for some cause attributable to the accused and which the Court determines not to be a just cause, all the expenses incurred shall be charged to the accused, and it shall be lawful for the court, at the request o f the Attorney General, t o compel the accused to pay the same. (8) The accused may waive his right to such term. Order of hearing of causes.