PART 7 COMMENCING PROCEEDINGS IN MAGISTRATES' COURTS

7.3 Information to be for one offence only
1 Subject to any Act passed after 2nd October 1848, a magistrates' court shall not proceed to the trial of an information that charges more than one offence.
2 Nothing in this rule shall prohibit two or more informations being set out in one document.
3 If, notwithstanding paragraph (1), it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.
4 If a prosecutor who is called upon to make an election under paragraph (3) fails to do so, the court shall dismiss the information.
5 Where, after an offence has or offences have been struck out of the information under paragraph (3), the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.
[Note. Formerly rule 12 of the Magistrates' Courts Rules 1981.]