Every person who is committed for trial or sentence for an indictable offence is remanded (either in custody or on bail) to await trial or sentence [Criminal Procedure Act 1921 (SA) s 120(2)]. They are remanded until they appear before the District Court or the Supreme Court to be arraigned (formally charged in the higher court with the offence) on the next arraignment day.

In the higher courts, the defendant is referred to as the accused.

In the Supreme and District Courts, all accused must attend to be arraigned in person and, when the charge is read, plead either guilty or not guilty (unless fitness to plea is raised, where different procedures will apply as explained below).

If, after arraignment, the defendant decides to plead guilty, the defendant must as soon as possible file and serve on the Director a request to have the matter called on for guilty plea in the prescribed form. Upon filing a request to have the matter called on, the matter will be placed into an arraignment list and any listed hearing or trial for that matter will be vacated (cancelled) [Joint Criminal Rules 2022 (SA) r 96.5].

Different processes and timeframes apply for priority proceedings [Joint Criminal Rules 2022 (SA) r 96.2 (see r 2.1 for the definition of priority proceeding)].

Supreme Court

If a defendant is committed for sentence or pleads guilty at arraignment, the proceeding will generally be remanded to a sentencing hearing. If a defendant pleads not guilty at arraignment, the proceeding will generally be remanded to a directions hearing.

If at arraignment an issue of fitness to stand trial or mental competence of the defendant is raised, procedural orders will generally be made and the proceeding will be remanded to a directions hearing.

[Joint Criminal Rules 2022 (SA) r 96.3].

District Court

If a defendant pleads not guilty in the not guilty arraignment list, the proceeding will generally be listed for trial and remanded to a first directions hearing callover.

The Court expects parties to make realistic and achievable estimates of the length of trials to be listed. The Court also expects counsel to be available for the whole of the period for which the trial has been listed.

If at arraignment an issue of a defendant’s fitness to stand trial or mental competence is raised, the proceeding will generally be remanded either to a first directions hearing callover or to a hearing before the arraignment Judge.

If a defendant was committed for sentence or pleads guilty at arraignment and there is to be a disputed fact hearing, the matter will generally be listed for a disputed fact hearing with or without sentencing submissions.

If a defendant appears at arraignment in the guilty arraignment list, generally submissions on sentence are expected to be made on the arraignment date.

If a defendant appears in the not guilty arraignment list and pleads guilty, generally the defendant will be remanded for sentencing submissions.

[Joint Criminal Rules 2022 (SA) r 96.4].

For District Court circuit proceedings, the procedures for listing trials, disputed fact hearings and sentencing submissions are adapted to the circumstances of circuit hearings and may differ from the procedures set out above.