section 536.1(4.2)

SECTION WORDING

536.1(4.2) If no request for a preliminary inquiry is made under subsection (3), (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or (b) if the accused is before a judge, the judge shall (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.