(1) An accused before pleading to charge may offer a plea that the trial is barred under section 87 or section 88 and if he does so —
(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto, and
(b) the prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor's address.
(2) If the Court allows the plea it shall adjourn and report to the convening officer:
Provided that if there is another charge or another charge sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of the accused for such other charge or other charge-sheet.
(3) When a Court reports to the convening officer under this rule, the convening officer shall — Page 41 of 110
(a) if he approves the decision of the Court to allow the plea,—
(i) dissolve the Court; or
(ii) where there is another charge or another charge-sheet before the Court to which the plea does not relate and which the Court has not tried may direct the Court to proceed with the trial of the accused for such other charge or chargesheet only.
(b) If he disapproves the decision of the Court to allow the plea,—
(i) direct the Court to try the accused for the charge; or
(ii) where there is another charge or another charge-sheet before the Court, to which the plea does not relate and which the Court has not tried, direct the Court to proceed with the trial of the accused for such other charge or charge-sheet only; or
(iii) convene a fresh Court to try the accused.