Section 344Chapter XXIV

Procedure in trial of person under section 339

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

341[339A.(1) The Court trying under section 339 a person who has accepted a tender of pardon shall

(a)

if the Court is 342[* * *] Court of Session before the charge is read out and explained to the accused under 343[section 265D, sub-section (2)], and

(b)

if the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made.

(2)

If the accused does so plead, the Court shall record the plea and proceed with the trial, and 344[* * *] shall, before judgment is passed in the case find whether or not the accused has complied with the conditions of the pardon and if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal.]