IMlNAL PROCED - SBAA · 6 CAP.’155.1 CRIMINAL PROCEDURE. gz214. A LAW TO AMEND AND CONSOLIDATE THE LAW RELATING 6 of 53. TO PROCEDURE IN CRIMINAL PROCEEDINGS. 39 of 54. 37 $58

CAP. 125.

CYPRUS

IMlNAL PROCED

CHAPTER 155 OF THE LA

1959 EDITION

C.-IbB

______. 2 CAP. 155.1 CRIMINAL PROCEDURE.

CHAPTER 155.

CRIMINAL PROCEDURE.

ARRANGEMENT OF SECTIONS.

ssdia 1 Short title . . .. ..

PART I

PRELIMINARY. 2 Interpretation .. 3 Law of England when applicable ..

.. ..

.. .. PART I1

INVESTIGATION OF OFFENCES AND PROCEEDINGS ANTECEDENT TO PROSECUTION

Investigation of offences. 4 Investigating officers. . . .. .I .. 5 Investigation of offences .. .. .. 7 Governor may require production of telegrams .. .. 8 Application of Judges' Rules .. .. .. 6 Order to produce documents' .. .. ..

9 10 11 12 13

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Arrest and Search. Arrest .. .. .. .. .. Search of arrested person . ~ .. .. .. Search of place in pursuit of person evading arrest Power to break out of any. house for purpose of liberat'ion Arrested persons to be taken to police station or place for reception bi

Arrest by private person and owner of property without warrant

..

arrested persons. .. . . Arrest by police officer without warrant in certain cases

Arrest by or under directions of Judge . . .. .. Disposal of persons arrested without w a m n t .. .. Issue of warrant of arrest . . .. .. Form, contents and duration of warrant bi- arresl Irregularities in warrant . . .. ~. Execution of warrant and procedure thegon Procedure on arrest of person outside local jurisdiction' ' Power to release person arrested on bond .. .. Remand in police custody .. .. Search of person and places without warrant . . .. Power to search means of conveyance , . .. .. Search warrants . . .. .. Form and duration of search warrant . . .. .. Execution of search warrant . . .. .. Ingress to a closed place . . .. Discharge of suspected occupier or other person Detention or disposal of things seized under search wairant

..

. .

. . I .

..

..

..

.. Seizure of property not mentioned in the warrant Power of Judge as to documents or things possession of which is unlawfui

. .

PART I11

i'IIQCEEDINGS I N PROSECUTIONS

2)7 diminarj!. Perscns convicted or acquitted not to be tried again for same oflence 3.5

page 6

6 7

1 1 8 8 9

9 9 10 10 11

11 12 13 13 14 14 15 15 15 16 16 17 17 19 19 20 20 20 20 21 21

21

CRIMINAL PROCEDURE. [CAP. 155. 3 .... ----

Seclion 36 Civil remedy not to be suspended

37 33 3.9 40 41 42 43 44 45 46

Commencement of criminal proceedings and process to cotnpel appeavaaw. Commencement by charge .. . . .. 22 Form of charge .. .. . . .. 22 Provisions regarding the framing of charges .. .. 22 Joinder of counts in charges and powers of the Court . . .. 24 Joinder and trial of persons .. .. 25 Manner jP which parties to offences may'be charged . . .. 25 Presentation of charge t o Judge and filing .. .. 25 Summons m warrant for compelling attendance .. .. 26 Form and contents of summons .. .. . . 26 Service of summons . . .. .. .. 27

Pvovisiorts relating gemerally to all trials, summary arid on informatioti, 10 pveliminary inquivzes.

47 On trial, Court to acquit or convict. .. .. .. 27 48 Adjournment and remand in custody . . .. .. 27

49 Issue of summons for witness .. .. .. 28 .. 28 50 Warrant for witness .. 51 Witness to attend adjournez hearing . . .. .. 29 52 Penalty for witness refusing t o attend . . .. .. 29 53 Summoning prisoner, etc., as witness . . . . .. 29 54 Power to call or recall witness .. .. . . 29 55 Evidence of witness to be on oath or afirmatioii . . .. 30 56 Order of examination of witnesses .. .. .. 30 57 Cross-examination of witnesses by co-accused .. . . 31 58 Refractory witnesses . . .. . . .. 31 59 Dumb witnesses .. . . .. ". 32 60 Court may order payment of the costs and expeiises of wi;ness . . 32 61 Taking evidence by commission .. .. .. 32

Compelling attendance and examination of witnesses.

e ' .

Geneva1 provisions asyfo pleas and procedurc ~ r i all trial$, swttmary atrd O H ztxjbrwtion 62 Pleading to charge or information . . .. . e

63 Presence of accused during trial ~. .. .. 64 Assignment of advocate by Court .. .. * .

65 Interpretation of evidence to accused . . .. t .

66 Objection to charge or information . . . . 67 Pleas by acc&d . . .. 68 Plea of guilty or not guilty .. . . . . 69 Special pleas . . . . . . . .. . . 70 Insanity of accused . . .. . . I .

71 Pleading to charge of previous conviction . . . . 72 Appearance and plea by corporation . . . . 74 Hearing of the case . . .. . . .. 75 Procedure a t trial of more persons than one . . . . 76 Cross-examination by co-accused .. . . .. .77 Acquittal or conviction . . .. . . ..

. . . .

73 Witnesses to leave the Court during hearir~.;: . . . .

. . 78 Allocutus * . . . 80 Sentence .. .. 82 Variances * . . .

.. 79 Motion in arrest of judgment .. .. 81 Outstanding iffences . . .. 83 Alteration of defective charge or information .. ..

. . ..

.. .. . .

84 Procedure on alteration of charge or information . , .. 84 Quashing of charge or information . . .. 85

87 View of locus ~. L . .. 88

proof of part of charge or information or of offence not containcd therein

Special provisions i n summary luials. Limitation of time for charges in summary trials in certain c a m

.. t .

69 Proceedings on non-appearance of accused or i)rosecutor ~"

90 Offence proving unsuitable for summary trial .. . *

91 Withdrawal of charge . . . = .. ..

93 Procedure in preliminary inquiries . . .. Preliminary Inquiry.

92 grehnbary inquiry to be held for offences not triable summarily . . . .

Ifs!)

32 33 33 33 34 34 34 34 35 35 35 36 36 37 37 37 38 38 30 39 39 39 40 40 41 41

41 41 42 42

42 $2

4 CAP. 155.1 CRIMINAL PROCEDURE. Section Page 94 95 96 97 98 99 100 101 102 103 104 105 106

107 108 109 110 111

112 113 114 115 116

117

118 119 120 121 122 123 124 125 126 127 128 129 130

131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147

. . Conflict of evidence .. .. Committal of corporation . . . . . . Depositions how taken . . .. Taking deposition of witness who is ill, etc.

Binding over of witnesses . . .. .. Conditional binding over of witnesses . . .. Transmission of record of preliminary inquiry

..

.. Depositions may be read as evidence in certain cases . .

.. Accused to have copy of depositions, etc., on payment Power of Judge to try summarily during course of preliminary Preliminary inquiry may be continued by other Judge Transfer of case where offence committed outside jurisdiction Committal for trial without preliminary inquiry ..

Special provisions i n trials on informalion.

..

..

..

..

..

.. .. .. .. inquiry .. .. ..

45 45 45 45 46 47 48 48 49 49 49 49 50

Trial before Assize Court to be on information .. 50 Information may charge accused with any offence disclosed in depositions 50

50 Form of information . . . .

Additional witnesses .. Sections 40, 41, 42 to apply io informatid; .. ..

.. .. .. Judgwienls.

Mode of delivering judgment * . . . .. Contents of judgment . . . . Delivery of judgment by another Judge in certain cases

. . .. . .

Copy of judgment to accused Notes of evidence and report to be forwarded to the Governor in certain

Cases .. .. .. . . Commencement of sentence of imprisonment .. ..

PART IV. EXECUTION AND RECOVERY OF PENALTIES.

Payment of penalty .. .. Interrogation of person as to his means . . Warrant for levy of penalty Manner of execution of warrants Claim on property taken in execution Commitment to prison . . Commitment in lieu of warrant of execution Payment after commitment Application of sum received under warrant Reduction of period of imprisonment on part pa) Period of imprisonment in case of commitment Detention after warrant of execution

..

..

. .

. . Orders by Assize Courts . . ..

.. ..

.. ..

.. .. .. ..

. . ..

. . ..

.. ..

.. ..

.. .. rment of penalty . .

.. ..

.. ..

.. .. PART V.

APPEAL§, RESERVED QUESTIONS OF LAW, ETC. No appeal in criminal cases except as provided for . . Appeals from Assize Court against conviction Appeal from District Court against conviction Extension of time of notice of appeal, etc. Appeal after plea of guilty . . .. . . Appeal by Attorney-General .. . .

Procedure on receipt of file of proceedings

. .

..

.. No appeal against imprisonment in certain cases . . Form of notice and of application for leave to appeal . . Procedure on receipt of notice of, or application for leave

Fixing date of hearing of appeal and notice thereof . . Abandonment of appeal or application for leave to appeal Procedure on hearing the ameal .. . .

. .

..

..

..

..

.. ..

..

.. to, appeal

..

. .

..

.. Supreme Court not t'o hear-iny party except on grounds of appeal . . Supplementary powers of C:ipreme Court during hearing of appeal . . Power of Supreme Court as t:, ,>mmencement or suspension of sentence etc.

Powers of Supreme Court in determining appeals . . . . 64 65

50 51

51 51 52 52

52 52

52 53 53 53 54 54 54 54 54 55 55 56 56

56 51 57 58 58 58 59 59 60 60 61 62 62 63 63

SE& OTk

I<t~rroatzou of qzce.drons (g inzu und slating c m e j o y S i r p , r m Corrrf. 148 Question of law reseivetl for opinion of Supreme Court .. 149 Stating case by Judge for opinion of Supreme Coni t . . ..

~ , c J l c r d .

150 Notices, etc., lelt at addrcss nanied . . .. .. 151 Costs on appeal .. .. . . .. 152 Judgnient to be entered in book, etc. . . 153 N o judgment to be reversed on appeal on point of fo& or matter if

variance unless objection taken at trial ..

154 I55 156

I57 158 159 160 161 162 163 164 I65

166 167 I68 109 170 171 172

173 174 175 176

PART V I SUPPLEMENTARY PROVISIONS

General powers of Attorney-General in criminal proceedirtgs. Nolle prost-qui in criminal cases .. .. Delegation of powers by Attorney-General

Helease on lxiil .. .. .. Hail bond . . . . .. .. Power to increase bail and to order sufficient sureties . . Person on bail about to leave the Colony Release of person in custody and warrant of deliverance Discharge of sureties . . .. .. Death of surety .. Certain provisions to apply to recognisances

Costs, how to be paid . . .. .. Costs of witnesses for defence .. .. Payment of costs by accused .. .. Award of costs ti5 accused . . .. .. Disposal of prpperty in possession of police Restitution of property . . . . . .. Restoration of possession of immovable property

Power of Attorney-General to remit case to lower Court .. Bail aad rezognisanct-s.

. .

Forfeiture of bail bond and'procedure theieon .. ..

Costs and vt-sfiltrtion.

. .

. . il fiscellaneotcs.

Notes of evidence . . .. . . Change of place of trial . . .. .. General power of Courts to regulate proceedinss Rules of Court ..

. . .. ..

..

.. .. .. . . .. .. .. .. .. .. .. ..

.. ..

..

.. ..

..

..

.. .. .. ..

pag.

65 66

07 68 68

68

60 69 69

70 70 7 0 71 71 71 71 71 72

72 73 73 73 73 73 74

7.1 75 75 75

6 CAP. ’155.1 CRIMINAL PROCEDURE.

gz214. A LAW TO AMEND AND CONSOLIDATE THE LAW RELATING 6 of 53. TO PROCEDURE IN CRIMINAL PROCEEDINGS. 39 of 54.

37 $58. [lSth December, 1948.1 Short title.

1. This Law may be cited as the Criminal Procedure Law.

PART I. PRELIMINARY.

Interprets- 2. In this Law--- tion.

‘ I charge ” means the accusation in writing of an offence with which an accused person is charged in a summary trial or a preliminary inquiry ;

“ Court ” means a Court 0; competent jurisdiction ; “ criminal proceedings ” and cognate expressions

:man any proceedings instituted befme any Court against any person to obtain punishment of such person for any offence against any enactment and includes a preldminarv inquiry ;

“ enactmtnt ” includes Laws and public instruments ; “ irhrmation ” means the accusation in writing of

an offence filed by, or on behalf of, the Attorney- General in an Assize Court against an accused person for trial before such Court ;

“ Judge ” means any member of a District Court; “ offence ” means an act, attempt, or omission

punishable under any enactment ; “ officer in charge of a police station” includes,

when the officer in charge of a police station is absent from the station building or is unable for any reason to peSform his duties, the police officer present at the station building who is next in seniority to, or who, in the absence of such officer in charge, performs the duty of, such officer ;

“penalty” means any fine imposed under any enactment in force for the time being, any forfeited bail bond or recognisance, any sum adjudged in any criminal proceedings to be paid by any person by way of compensation, damages, costs or otherwise and includes the costs of execution for the recovery of the sape :

. CRIMINAL PROC'EDURE. [CAP. 155. 7

" place " includes any house, office, room or building and any place or spot, whether open or enclosed and any vehicle, aircraft on land and any ship, boat or other vessel whether afloat or not ;

" preliminary inquiry " means an inquiry into a charge held by a judge with a view to the commital of an accused person for trial before an Assize Court ;

I ' summary trial " means any trial by a Judge in the exercise of his summary jurisdiction.

3. As regards matters of criminal procedure for which & & there is no special provision in this Law or in any other when enactment in force for the time being, every Court shall, in criminal proceedings, apply the law and rules of practice relating to criminal -procedure for the time being in' force in England.

)'ART -11. INVESTIGATION ~ OF OFFENCES ANI) PROCEEDINGS

ANTECEDENT TO PROSECUTION. Imestigation of Oflemes.

4. (1) Any police officer may investigate into the com- ::;%;*. (2) The Governor may authorise any person, by name

or by his office, who appears to him to be competent for the purpose, to. investigate into the commission of any offence.

(3) Any police officer or any person authorised under subsection (2) investigating into the commission of any offence is hereafter in this Law referred to as investigating officer '.

5 . (1) Every investigating officcr may require any person, :rn;:p- whom he has reason to suppose to be acquainted with the OffenW.

facts or circumstances of the offence which he is in- 30f6153. vestigating, to attend at such time and place as such officer may reasonably direct for the purpose of examining him and taking a statement from him in relation to such offence.

(2) The investigating officer may' reduce into writing any statement made by the person examined and such statement shall then be read over to such person who shall thereupon sign the same or, if he is illiterate, affix his mark thereto and, if such person refuses to do so. the investigating officer shall make a t the foot of the statement a note of the refusal stating also the reason thereof, if ascertained, and the statement shall then be signed by the investigating officer.

rnision of any offence. 2 076/!53. ~

-- 8 CAP. 155.1 CRIMINAL PROCEDURE.

(3) Any such statement if proved to have been made voluntarily shall be admissible in evidence in any criminal proceedings against the person making the statement.

(4) Any person who, without reasonable cause, refuses to attend at such time and place as he may be directed, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred pounds or to both.

6. (1) The investigating officer during the investigation of an offence mav, if he considers the production of a document to be necessary or desirable for the purposes of such investigation, issue a written order to the person in whose possession or under whose control such document is, or is believed to be, requiring him to produce it at such reasonable time and place as may be specified in the order.

(2) Any person required by written order under this section to produce a document shall be deemed to have complied with the order, if he causes the dpcument to be produced instead of attending personally to produce the same.

(3) Any person who, without reasonable cause, refuses to produce any document when ordered to do so under this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one hundred pounds or to bcth.

(4) Nothing in this section shall apply to any dociiment for the production of which a warrant of the Governor or an order of the Court is required by this Law or any other Law.

7. (1) If during the investigation of an offence it is made to appear to the Governor that such course is expedient in the public interest, the Governor may, by warrant under his hand, require any person who owns or controls any telegraphic cable or wire, or any apparatus for wireless telegraphy, used for the sending or receipt of telegrams to or from any place either within or out of the Colony, to produce to him, or to any person named in the warrant, the originals and transcripts, either of all telegrams, or of telegrams of any specified class or description, or of telegrams sent froin or addressed to any specified person or place, sent or received to or from any place either within or out of the Colony by means of any such cable, wire or apparatus, and all other papers relating to any such telegram as aforesaid.

Order produce to documents

Governor

production Of

may require

C‘RIMINA L PROCEDURE. [CAP. 155. 9

(2) Any person who, on being required to produce any such original or transcript or paper as aforesaid, refuses or neglects to do so, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one hundred pounds or to both.

“ telegram ” means any message or other communication transmitted or intended for transmission by any apparatus for transmitting messages or other communications by means of electric signals ;

‘‘ wireless telegraphy ” means any system of communication by telegraph without the aid of any wire connecting the points from and at which the messages or other communications are sent and received.

(3) For the purposes of this section-

8. Without prejudice to the generality of section 3 of this 2::y- Law and without prejudice to the operation of section 5 of ~ ~ d ~ ~ ~ ’ this Law the rules for the time being approved by Her :$e;iljs, Majesty’s Judges of the Queen’s Bench Division in England relating to the taking of statements by police officers (known as “ The Judges’ Rules ”) shall apply to the taking of statements in the Colony as they apply to the taking of statements in England.

A rrest and Scurch.

person making,the same shall actually touch or confine the body of the person to be arrested, unless there be a sub- mission to the custody by word or action.

(2) If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the police oflicer or other person making the arrest may use all means necessary to effect the arrest :

Provided that nothing in this subsection contained shall be deemed to justify the use of greater force than was reasonable in the circumstances in which it was employed or was necessary for the arrest of the offender.

(3) Except when the person arrested is in the actual course of the commission of an offence or is pursued immediately after the commission of an offence or escapes from lawful custody, the police officer or other person making the arrest shall inform the person arrested of the cause of the arrest.

making the arrest or to whom the person arrested is handed person

9. (1) In making an arrest, the police officer or other Arrest.

10. (1) Whenever a person is arrested the police officer 2;;;;L;f

.

10 CAP. 155.1 CRIMINAL PROCEDURE.

over may searsh such person, using such force as may be reasonably necessary for such purpose and may seize any article or document found in the possession of such person which suck police officer has sufficient reason to believe may form material evidence against the person searched, or any other person, on a criminal charge and may, in any case, take from the person arrested any instrument of

.violence or other offensive weapon which such person has about him.

(2) Whenever it is necessary to search a woman, the

(3) Where any property has been seized or taken froin anv person under this section and the person is released on-the ground that there is no sufficient reason to believe that he has committed any offence, the property so taken from him shall be restored to him by the person in charge of the property unless such person has sufficient reason to believe that such property may form matirial evidence against any other person on a criminal charge.

search shall be made bv a woman. .

Search place in of pursuitof

evading Pe-n arrest.

11. (1) If any person, having authority to arrest whether under a warrant or not, has reason to believe that the person to be arrested has entered into or is within any place, every person residing in or being in charge of such place shall, on demand, allow the person having such authority free ingress thereto and shall afford all reasonable facilities to search therein for the person sought to bt arrested.

(2) If ingress to such place cannot be obtained under subsection (1) of this section, any person having authority to arrest may enter such place and search therein for the person to be arrested and, in order to effect an entrance into such place, may break open any outer or inner door or window of any house or place, whether in charge of the person to be arrested or of any other person, or otherwise effect entry into such house or place.

Bower to

Ln-ihouse iur I ) ~ V O S ~

12. An;; person having authority to arrest w h e t h - tinder warrant or not may break out oi aay h o ~ w O F place ip

order to Iiberatc himself or an37 o t l m yersom ~ v h , having lawfully entered for t3 . i~ pizrps "c rf ma't-in? an arrest, is dvtaineri tficrein.

break out 0.l

o f liberation

CRIMINAL PROCEDURE. [CAP. 155. 11 __I__ .- - -

13. Any person who is arrested, whether with or without =bbe a warrant, shall be taken with all reasonable despatch to a -to police station or other place for the reception of arrested =(y persons and shall, without delay, be informed of the charge pl.cefor against him.

Any such person while in custody shall be given reason- P= able facilities for obtaining legal advice for taking steps to obtain bail and otherwise for making arrangements for his defence or release.

reception of arrssted

14. (1) Any police officer may, without warrant, arrest Arrestby police oacer without wimantin certaincasse.

any person- (a) whom he suspects upon reasonable grounds of

having committed an offence punishable with death or imprisonment for a term exceeding two years ;

(b ) who commits in his presence any offence punishable with imprisonment ;

( G ) who obstructs a police officer, while in the execution of his duty, or who has escaped or is attempting to escape from lawful custody ;

( d ) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such property ;

(e) whom he suspects upon reasonable grounds of being a deserter from Her Majesty’s Navy, Army or Air Force ;

(f) whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of the Colony which, if committed in the Colony would have been punishable as an offence and for which he is, under any Act of Parliament or Order of Her Majesty in Council extending to the Colony, liable to be apprehended and detained in the Colony ;

(g) for whom he has reasonable cause to believe a warrant of arrest has been issued by a Court ;

(h) who has no ostensible means of subsistence and who cannot give a satisfactory account of himself ;

(i) who is found taking precautions to conceal his presence in circumstances which afford reason

12 -_ .- - . .

CAP. 155.1 CRIMINAL PROCEDURE. ___ - . ____ - - -

to believe that he is taking such precautions with a view to committing an offence;

( j ) whom he is directed to arrest by a Judge under the provisions of section 16 of this Law ;

(k) whom he suspects +upon reasonable grounds of having committed any offence punishable with imprisonment and who refuses to give his name and address or gives a name or address which the police officer suspects to be false ;

(1) who may be arrested without warrant under any enactment in force for the time being.

(2) The authority given to a police officer to arrest a person without warrant shall not be exercisable in respect of an offence if the enactment creating the same provides that the offender cannot be arrested withput a warrant, except where the offence is committed in the officer’s presence and the offender iefuses to give his name and address or gives a name or address which the police: officer suspects to be false, in which case such officer may exercise such authority notwithstanding the provisions of such enactment.

Arrest by 15. (1) Any private person may, without warrant, arrest private any other person- owner of (a) who commits in his presence an offence punishable without with death or imprisonment exceeding two warrant years ;

(b ) whom he reasonably suspects of having committed an offence so punishable as in paragraph (a) hereof provided, if the person making such arrest has reasonable grounds to believe that the person to be arrested may escape punishment ;

(G) whom he is directed to arrest by a Judge under the provisions of section 16 of this Law ;

(d) who has escaped from lawful custody or is attempting to evade lawful arrest ;

(e ) who may be arrested without warrant by any person under any enactment in force for the time being.

(2) Persons found committing any offence involving injury to property may be arrested without a warrant by

person and

property

CRIMINAL PROCEDURE. [CAP. 155. 13

the owner of the property or his servant or any person authorised by him.

(3) (a) Any person arresting any other person under the provisions of this section shall, without unnecessary delay, hand over the person so arrested to a police officer or, in the absence of a police officer, shall take such person to the nearest police station ;

(b ) if there is reason to believe that the person arrested comes under the provisions of subsection (1) of section 14 of this Law, a police officer shall re-arrest him.

16. A Judge may himself arrest or direct the arrest in ~ r r e s t I v o r under directions of Judge.

his presence of any person- ( U ) who is found comrnitting any offence in his

presence ; (b) for whose arrest he is competent at the time and in

the circumstances to issue a warrant, and he may deal with the person so arrested in the same manner as if such person had been duly brought before him under the provisions of this Law to be further dealt with according to law.

17. When any person has been taken into custody Dispc~sal of persons without a warrant for an offence other than an offence

punishable with death, the officer in charge of the police without station to whom such person shall have been brought may-

(a) in any case, and shall, if it does not appear practicable to bring such person before the Court within twenty-four hours after he has been so taken into custody, cause an investigation of the case to be made and unless the offence appears to the officer to be of a seridus nature, release the person on his executing a bond, with or without sureties, for 3 reasonable amount to appear before the Court at a time and place TQ be named in the bond but where any persom: is retained in custody, he shall be brought before a Judge as soon as practicable ;

warrant.

14 CAP. 155.f CRIILIINAL PROCEDURE.

(b) if it appears to him that the investigation of the case cannot be completed forthwith, discharge the said person on his entering into a recognisance, with or without sureties for a reasonable amount, to appear at such police station and at such time as is named in the recognisance, unless he previously receives notice in writing from the officer of police in charge of that police station that his attendance is not required;

(6 ) release a person arrested on suspicion on a charge of committing any offence, when, after due police investigation, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.

18. (1) Any Judge rnay issue a warrant for the arrest of any person in all cases in which he considers that such warrant is ,necessary or desirable :

Provided that no warrant of arrest shall be issued unless the grounds on which it is applied for are supported by oath.

(2) A warrant of arrest may be issued on any day including a Sunday or public holiday.

. (1) Every warrant of arrest shall bc under the hand of the Judge issuing the same and shall bear the date of

(2) Every such wanant shall state shortly the offence or matter for which it is issued, shall name or otherwise describe the person to be arrested and shall osder the police officer or other person to whom it is directed to apprehend the person against whom it is issued and bring him before the Court issuing the warrant OK before some other Court having jurisdiction in the case, to answer to the statement of offence or matter therein mentioned and to be further dealt with according to law.

(3) Every such warrant shall normally be directed generally to all police officers ; but any Judge issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct i t to any other person or persons, and such person or persons shall execute the same, and when a warrant is directed to more officers or persons than one, it rnay be executed by all or by any one or more of them. (4) Every such warrant shall remain in force until it is

executed or until it is cancelled by a Judge.

Issue of warrant of arrest.

Form,

dumtionof <.outen t3 and

warrant of issue. %mest

CRIMINAL PROCEDURE. [CAP. 155. 15 ~~

20. No irregularity or defect in the substance or form of IRegPlorities in warrant.

;a warrant of arrest and no variance between it and the charge or between either and the evidence prodiaced on the part of the prosecution at any inquiry or trial, shall affect the validity of any proceedings at or subsequent to the hearing of the case, but ii any such variance appears to' the Court to be such that the accused has been thereby deceived or misled, such Court may, at the request of the accused, adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him to bail.

Execution of warrant and

21. (1) Every warrant of arrest may be executed at any time and place in the Colony on any day including a procedure Sunday or public holiday. thereon.

(2) The person executing any such warrant shall, before making the arrest, inform the person to be arrested that there is a warrant for his apprehension unless there is reasonable cause for abstaining from giving such information on the ground that it i s likely to occasion escape, resistance or rescue.

(3 ) Every person arrested on ally such warrant shall, subject to the provisions of sections 22 and 23 uf this ka.w be brought, as soon as is practicable after he is so arrested, before the Court out of which the warrant was issued.

(4) A warrant of arrest may be executed notwithstanding that it is not in the possession at the time of the person executing the warrant, but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest.

22. (1) Where a warrant of arrest is executed outside the f$zd;Fon local limits of the jurisdiction of the Court out of which it personout- was issued, the person arrested shall, unless released on a $?$Zon. bail bond under section 23 of this Law, be taken before the Court within the local limits of the jurisdiction of which the arrest was made.

(2) Such Court shall, if satisfied that the person arrested is the person intended to be arrested, direct his removal in custody t~ the Court out of which the warrant was issued

Provided that, if si ich person has been arrested in respect of any matter other t31a11 an offence gmnlshable 3

and is either ready as$ willing to give bail f-rt

faction of the Court 'Mrj'~Eiin the loccl Kmik d:

16 CAP. t55.1 CRIMINAL PROCEDURE.

diction of which he was arrested or is ready and willing to enter into a bail bond as required by any direction endorsed on the w&-ia,nt under section 23 of this Law, the Court shakil take bail and shall forward the bail bond to the Court out of which the warrant was issued.

Power to release pawn armsted on bond.

Remand in police custcdy.

23. (1) Any Judge, on issuing a warrant for the arrest of any person in respect of any matter other than an offence punishable with death, may if he thinks fit, by endorsement on the warrant, direct that the person named in the warrant be released after arrest on his entering into such bail bond for his appearance as may be required in the endorsement.

(2) The endorsement shall specify-- (a) the number of sureties, if any ; (b) the amount in which they and the persori named

in the warrant are respectively to he bound ; ( c ) the Court before which the person arrested is to

( d ) the time at which he is to attend including an undertaking to appear at any subsequent time as may be diiected by any Court before which he may appear.

(3) Where such an endorsement is made, the officer in charge of any police station to .which on arrest the person named in the warrant is brought, shall release him upon his entering into a bail bond, in accordance with the endorsement, conditioned for his appearance before the Court and at the time and place named in the bail bond. Such bond shall thew be forwarded to the Court before which the person named in the bail bond is bound to appear.

(4) Where action is taken under this section the surety or suretiez, if any, shall be such as may be approved by the officer who takes the bail bond.

attend; and

Where it shall be made to appear to a Judge that the tigatlon into the commission of an offence for which a

person has been arrested has not been completed, it shall be lawful forithe Judge, whether or not he has jurisdiction to deal wrth the offence for which the investigation is made,

on application made by a police officer, not below the rank of an inspector, to remand, from time to time, such arrested person in the custody of the police for such time

CRIiVIINAL PROCEDURE. ;CAP. 155. 17

not exceeding eight days at any one time as the Court shall think fit, the day following the remand being counted as the first day.

25. (1) Any police officer may, without warrant-- Seardi of person and

( G ) detain and search any person whom he reasonably placeswlth- suspects of carrying, conveying or concealing out warrant

any article or document in respect of which any offence is about to be committed or is being committed or has recently been committed ;

(6) enter upon and search any place-- (i) i f he has reason to believe that an offence

punishable with death or imprisonment exceeding two years is about to be committed or is being committed, or has recently been committed, therein or that any instrument with j ( ( 1 ) of

which any such offence has recently been 6/53 committed anywhere may be found therein;

(ii) if the occupier of the place calls in the assistance of the police ;

(iii) if any person in the place calls in the assistance of the police and there is reason to believe that an offence is being committed in the place ;

(iv) in anv case in \vhicli he may enter upon and search ‘any place Lvithout warrant undei any enactment in force for the time being.

( 2 ) Anything which is found duiing a search carried out 5 o ) 6/53. under subsection (1) of this section and which might bc

seized had the search been carried out under a search warrant may be seized and dealt with in the same mannei- as if it were a thing seized during a search under a search warrant and the provisions of section 32 of this Law shall apply, mutatis mutandis, to any such thing.

26. (1) Without prejudice to any other power conferred Power t r ) search means of conveyance 2 of 27/55.

by this or any other Law- ( a ) any police officer ; or (6) any member of Her Majesty’s Forces specially

authorised in this respect by his commanding officer,

may, upon reasonable suspicion, stop and search any means of conveyance for the purposes of ascertaining

C.-166 2

is CAP. 155.1 CRIMINAL PROCEDURE.

whether any explosive substance, offensive weapon or other instrument of violence is unlawfully contained thereill.

(2) Anything which is found during a search carried out under subsection (1) of this section and which might be seized had the search been carried out under a search warrant may be seized and dealt with in the same manner as if it were a thing seized during a search under a search warrant and the provisions of section 32 of this Law shall apply, mutatis mutandis, to any such thing :

Provided that any explosive substance, offensive weapon or other article or document found during any such search which is liable to forfeiture under the provisions of an)’ otlier Law in force for the time being shall be so forfeited.

(3 ) Any person in charge of any means of conveyance required under subsection (I) to stop and allow such Ineaiih of conveyance to be searched, who refuses to stop or tu permit such means of conve\jance to be searched, or who obstructs any police officer ;I- member of €€el- Majesty’s Forces specially autliorised in this respect by liis coniiiiaxicl- ing officer under subsection (l), sliall be guilty of an offence and shall be liable to imprisonment for a tern1 not exceediiig six months or to a fine not exceeding one hundred pounds or to both.

(4) For the purpose of this section--- ‘ expIosive substance ’ means x,.unpouder, iiitio-

glycerine, dynamite, gun-cotton, blasting powlt~- , fulminate of mercury or of otlier metals, coloili t fires arid et-cry otlier substance, wliether similar I 8

those abokre mentioned or not, used or manufactui t

with a view to produce a practical effect by explosiol or a pyrotechnic effect, and includes fog signal fireworks, fuses, rockets, percussion caps, detonator >, cartridges, ammunition of all descriptions, and eve1 y adaptation or preparation of any explosive substaacc as above defined and any apparatus, machine or ini- plement or any part thereof, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosivc substance ;

‘ means of coriveyance ’ means any aircraft, animal, carriage, vessel, railwav waggon, bicycle, motor vehicle of any description or any other vehicle used for the purpose of conveyance of persons or goods ;

‘ offensive weapon ’ means any article made or

CRIMINAL PROCEDURE. [CAP. 155. 19 ___

adapted for use for causing injury to the person, or intended by the person having it with him for such use by him.

7. Where a Judge is satisfied by information upon oath that there is reasonable ground for believing that there i s in any place-

(a) anything upon or in respect of which any offence has been or is supected to have been committed; or

(b) anything which there is reasonable ground for believing will afford evidence as to the corn- mission of any offence ; or

( c ) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any offence,

the Judge may at any time issue a warrant (in this Law referred to as '' a search warrant ' ' ) I authorising the person therein named-

(a) to search such place for any such thing and to seize and carry such thing before the Court out of which the search warrant is issued or some other Court to be dealt with according to law; and

(ii) to apprehend and bring before a Judge the occupier of the house or place where the thing is found or any person in or about such house or place being in possession of such thing, if the Judge thinks fit so to direct in the warrant.

28. (1) Every search warrant shall be under the hand of Forill alld

the Judge issuing the same and shall bear the date of issue searcl1

(2) Every such warrant shall normally be directed generally to all police officers; but any Judge issuing such a warrant may, if its immediate execution is necessary, and no police officer is immediately - available, direct it to any other person or persons and such person or persons shall execute the same and, when such a warrant is directed to more officers or persons than one, it may be executed by all or by any one or more of them.

(3) Every such warrant shall remain in force until it is executed or until it is cancelled by a Judge.

duration of

warrant.

2(2)

CAP. 155.1 CRIiWINAL PKOCEDUKL. L - -- ‘20

Execut*on Of

warrant. 29. (1) A search warrant may be issued and executed on

any day including a Sunday or public holiday. It shall be executed between the hours of five o‘clock in the forenoon and eight o’clock at night, but the Judge may, in his des- cretion, authorise the execution of the warrant at any hour.

(2) Where a Judge authorises the execution of a search warrant a t any hour other than between the hours of five o’clock in the forenoon and eight o’clock at night, siicli authorisation may be contained in the warrant a t the time of issue or may be endorsed thereon by any Judge at any time thereafter prior to its execution.

search

closed Ingress place. to 30. (3) Whenever any place liable to search is closed,

every person rcsiding in or being in charge of such ylacc~ shall, on the demand of the police officer or other persoil having authority to search, allow such officu or p e r ~ ) n free ingress thereto ancl aftorcl all reasona1,lc facili tics for a search therein.

(2) If ingress into sucli placc cannot bc b o obtaiiictl, the police officer or otlier permn having autliority to search may proceed in the manner prcscril)etl 1,. subscction (2) of section 11 of this Law.

( 3 ) When any person in or about siicli place is reasonahl\~ suspectecl of concealing about his per sou aiiy ai tic.It1 fo.1

which search should be madc, such per son may‘ he If the person to be searclled is a woman slle shall lw searclit.ct by a woman and may be taken to a police station for tliat purpose.

Diacharg~ (Jf 31. If the vccupier of any place in W l l k h , or tlie lwisoil occupier or in whose possession, anything namecl in a search warrant other person. is found is brought before a Judge and tlle Judgc is 11t1t

satisfied that such occupier or person has committed an offence, he shall fortliwitli be discliargtd by such Judgct.

32. (1) When, upon the execution of a search warrant, anything is seized and brought before any Judge, as in section 27 of this Law provided, such thing, subject to subsection (2) of this section, may be detained by such person as the Judge may direct, reasonable care being always taken, for its preservation until the conclusion of any criminal proceedings which may be had in respect thereof.

(2) Where anything seized under a search warrant and brought before a Judge is of a perishable or noxious

suspected

or disposal of things seized under ‘search warrant.

CI2IMIN A L PROC E D [IRE. [CAP. 155. 21 ____. ..____

nature, such thing niay be disposed of forthwith in such manner as the Judge may direct.

(3) If the Judge is of opinion tliat anything seized under a search warrant is no longer required for any criminal proceedings, he shall, unless lie is authorised or required by this or any other Law to dispose of it otherwise, direct -

(.) that the thing or any part thereof be restored to the person who appears to the Judge to be entitled thereto and, if he be the person charged, that i t be restored either to him or to such other person as the person charged may direct ; or

(0) tliat, if such thing belongs to tlie person charged, sucli thing or any part tliereof be applied to the payintwt of all\. c-osts or compen5ation directed to be paid by-flic Iwrson charged.

33. If, on searching a place under a lvarrant, the person ~ ; ~ ; ~ ; ~ o t authorised to rnake such search shall find property not mentionr(t mentioned in the n.nrrant but in respect of which there Ed:;nt is reasonable groiirid to believe that an offence has been or is intencled to I ) c coniniitted, he may seize such property and take it bcfore the Judge issuing the wvkrrant, who m a y makc such 01 d t ~ concerning the detention or disposal of tlie property as to hiin niav seem fit.

34. If, undt1r .iny search nairant, tlieie is bioui$it 1 'one1 u t Judge as tl) before a Judge any document or thing tlie use or possession <lot ument-.

of wliich is iinlawful, the Judge may, in the absence of ;>::;:t;n some lawful excuse to be proved by the person in possession o f which ,, thereof, cause such document or thing to be impounded, defaced or destroyed notwithstanding that no person is prosecuted in respcct thereof.

PART 111. PK~C;EEI)INGS I N PROSECUTIONS.

Preliminary. 35. A person who has been once tried by a Court of Persons

competent jurisdiction for an ofience and conlricted or acquitted acquitted of such offence shall not, while such conviction not to be or acquittal remains in force, be liable to be tried again forsame

convicted o r

tried again

offence on the: same facts for the same offence.


not to remedy be wspended.

36. Subject to the provisions of any other Law no civil remedy which any person may have against any other person for any act or omission shall be suspended or in any way affected by the fact that such act or omission amounts to an offence.

Commencement of criminal proceedings and PYocess to conzfiel appeurance.

ment by 37. Subject to the provisions of any other Law, criminal charge proceedings against any person shall commence by a

I or111 l ) f 38. Every charge shall be in the prescribed form; it shall be signed by or on behalf of the person preferring the same and \diere a charge is preferred by a Department such charge shall be signed bv a representative of the Ylepartrnent ; it shall state the-name of the Court before which the siimmarji trial or preliminary inquiry is to take place and \hall d s o contain the following particulars : -

( 0 ) the namc and description of the accused as known th the prosecution which shall be reasonably siifficient to identify him ;

( h ) tlie offence or offences with which the accused is chargecl containing the particulars set out in section 3’) of this Law.

charge preferred before a Court against such person.

charge

regartling Pro\ i w ) n ~ 39. Thc folloving p i o\.isions shall apply to all charges tile framing and, notwithstanding any Law or rule of practice, a charge ot c1iargc.s. shall, subject to the provisions of this I,aw, not be open to

objection in respect of its form or contents if it is framed in accordance with the provisions of this Law-

( a ) a statement of the offence in a charge, or where more than one offence is charged of each offence so charged, shall be set out in the charge in a separate paragraph called a count ;

( h ) where a charge contains more than one count, the counts shall be numbered consecutively ;

( c ) the count in a charge shall describe tlie offence with which the accused is charged shortly in ordinary language, avoiding as far as possible tlie use of technical terms and without neces- sarily stating all the essential elements of the offence and it shall contain a reference to the section of the enactment creating the offence.

CRIIIlINAL PROCEDURE. [CAP. 155.

When an offence consists of something which is forbidden by the joint effect of more enactments than one, the charge shall contain a reference to both such enactments and if the offence is defined by one enactment and punishment is provided for it by another enactment reference shall also be made to the enactment by which punishment is provided ;

( d ) where an enactment constituting an offence states the offence to be the doing or the omission to do any one of different acts in the alternative, or the doing or the omission to do any act in any one of different capacities, or with any one of different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters constituting the alternative in the enactment may be stated in the alternative in the count charging the offence ;

(e) it shall not be necessary, in any count charging an offence, to negative any exception or exemption from, or proviso or qualification to, the operation of the enactment creating the offence ;

(f) if the offence charged consists in doing anything wit!i or to any property, except where required for” the purpose of describing an offence de- pending on any special ownership of propertv or special value of property, it shall not 1); necessary to state that the property belongs to any particular person, and whether such statement is made or not, it shall be sufficient for the prosecution to prove such facts as to ownership as to show that the accused committed the offence with which he was charged ;

(g) no greater certainty or detail of statement as to documents, facts, things, persons, places, time or any other subject whatever shall be necessary or shall be used in the charge than is reasonably sufficient for the purpose of giving the accused notice thereof.

Facts or documents may be scheduled and copies thereof may be attached to the charge if such a course is convenient ;

- -

I

23

24 CAP. 155.1 CRIMINAL PROCEDURIi. __ ___--. - - _ _ __ -

(11) it sliall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person,

the enactment creating the offence makes an intent to defraud, deceive or injure a particular person an essential ingredient of the ofience ;

( i ) lvliere the accused is charged with criminal breach of trust, fraudulent appropriation of property, fraudulent falsification of accounts, fraudulent con1 eisiori or with corruption or abusc of office, it \liall be sufficient to specify the gross sum in r t y x c t of which the ofteiice is alleged to 1 1 ‘ ~ \ c lieen committed and the dates between \\ l i i c l i tlic ~ H C I I C C is alleged to have been c ( 11 11 mi t t ecl 1% it 11 ()Lit s pcci f !Tin g part i cu 1 a r it erns 0 1 csact clatcs ,

(,I, v lierc> a previous conviction of an o&ence is cliarged i t k,liall lie charged at the end of the count b y . !neaiis of a statement that thi. accused person liai; lwvn previously convicted of that offence a t a certain time and place iritlwiit \tating the pi l i ticiilars of thc oftcnce

I’ro1-itletl t h a t no cl1 ror in \tatin8 t l i v ofience or tlir. prticiilar\ I-cqiiired t o tw statctl in the charge shall be rt’gurclcd at any \ t q y of til(. c a v as non-compliance U itli the provisions o f this T A W unless, i n the opinion o f the Court, tlic acciiscd l r a q in fact misl(~1 l > \ ~ wc-h CTOI.

40. (1) Alnj, numbcr of counts either for tlie same ofienct. chdrges an(1 or for different offences niay be included in tlie same charge

and the Court niav either convict or acquit tlie accused generally upon the whole charge or convict him upon one or sonic and acquit him upon other counts.

(2) If different counts relate to different facts and if the Court thinks it conducive to the end of justice to do so, i t may, at any stage of the proceedings, direct that the acciiseti SMI !)e tried scpxratclv iipon anv one or more of Sl lCl l co11nts.

( 3 ) If tlic Court convicts tlic accused generally on the wliolc cli;lrgc, the legal vffcct of such conviction sliall be to con\Tict him on (:ach of the counts contained therein and tlic Court may, tlierci-ipon, pass upon him tlie same sentence

Joinder I 1 1 coilnt5 in

power< of Court

43. (1) Every charge shall be presentcd t o a Judge o f the l'reae11tatloll

(2) The Judge may, after perusal of the charge, direct that the same shall he filed or, if he rcfuses to give such dircction, he shall, if so requested within ten days from tlie date of the refusal by the person preferring the charge, give to hiin a certificate of such refusal and sucli person Inay, within ten days from the date of obtaining the certificate, apply to the Sixpreine Court or to a ~ u c ~ g c of the Supreme Court for an order directing the filing of the charge and, if such an order is made, tIw chargv shall 1)c iiled according-lv.

of Lharge to Judge arid Court in which'the charge is preferred.

2G CAP. 155.1 CRIMINAL PROCEDURE.

Summons or warrant for compelling R t tendanre.

I ; i m ~ s and I ontents cvf .111111111 Illsez.

G of 6 / 5 3

44. (1) At any time after the filing of the charge, a Judge may issue either a summons or a warrant to compel the attendance of the accused before the Court either for a summary trial or for a preliminary inquiry, as the case may be :

Provided that no warrant shall be issued except for some special reason to be recorded by the Judge and to be supported by an oath or unless the accused failed to appear in response to a summons already issued and proved to have been duly served.

(2) The provisions of sections 18, 19, 20, 21 and 22 of this Law shall apply mutatis mnlrtandis to every warrant issued under this section.

45. (1) Every summons issued by a Judge under this I Law sl~al l be in the prescribed form ; it shall be signed by a Judge or an officer of the Court out of which it is issued and shall be directed to the accused requiring him to appear before the Court at such time and place as therein mentioned and it shall state shortly the offence or offences with which the person against whom it is issued is charged :

Provided that a Judge or, in such classes of offences as the President of the District Court may by general order direct, a Registrar, may, by special direction in the summons, dispense with the personal attendance of the accused, and-

(a) permit him to appear and plead by an advocate, in which case such accused may so appear and plead ;

( 6 ) permit him, if he desires to plead guilty, to send in such plea duly certified and sealed by a mukhtar together with the summons in respect of which the plea is made, in which case such plea shall be treated as a plea of guilty for the purposes of the proceedings :

Providyd further that the Judge, notwithstanding any such special direction, may, at any stage of the proceedings, order the personal attendance of the accused.

(2) No irregularity, defect or error in the issue, the form or the substance of the summons shall invalidate it or any siihsequcnt proceedings thereundcr.

--c ('KIMINAL PROCEDURE. [CAP. 155. 25

~. __ -

46. (1) Every summons may be served anywhere in the Service of

Colony by a police officer or by an officer of the Court out 2 55/54. of which it is issued or by such other person as the Court may direct and-

( a ) if the accused is an individual, it shall be served either by delivering it to him personally or by leaving it with some adult person living with him or being in charge of the place in which he resides or of the place of his business or occupation ;

(b) if the person to be served is a firm or corporation, it shall be served by leaving the same a t the principal place of business in the Colony of the firm or corporation or by delivering it-

summons.

(i) to one of the partners ; (ii) to a director ;

(iii) to the secretary ; (iv) to the main agent within the jurisdiction ;

or (v) to anyone having, at the time of service

control of the business of the firm or corporation.

(2) Service of every summons shall be proved either orally by the person who has effected the same 0r by the affidavit of suck person.

Provis iom relating generally to all trials, stttnmnry and o n i n formation, and preliminary iquir ies .

47. Every Court, subject to the powers of adjourning the o n trial. hearing of cases as in this Law provided, shall, upon the acquitor trial of any person, either acquit him and thereupon convict. discharge him or convict him and impose on him such punishment as may be provided by the enactment under which he is convicted and as the circumstances of the case may require :

Provided that, if a person is acquitted on the ground of insanity under the provisions of this Law, the Court shall direct him to be detained during the pleasure of the Governor as in this Law provided.

Court to

4.8. Every Court may, if it thinks fit, adjourn any case Wourn- before it and upon such adjournment may, subject to the remandin provisions of subsection (2) of section 157 of this Law, custody.

ment and

28 CAP. 155.1 CRIiVIINAL PROCEDURE.

either release the accused on such terms as it may consider reasonable or remand him in custody :

Provided that in a summary trial or a preliminary inquiry, no such remand shall be for more than eight days at any one time, the day following the adjournment being counted as the first day.

Couzpelling attendance and examination of witnesses. Issue of 49. (1) If in any criminal proceedings the Court is w,tne5\ satisfied that any person is likely to give material evidence

for the prosecution or for the defence, the Court may issue a summons to such person requiring him to attend before the Court at a time and place to be mentioned therein, to give evidence respecting the case and to bring with him any specified document or thing and any other document or thing relating to the case which mav be in liis possessio11 or power or under his control :

I’rovided that, if the Court is satisfied by-proof upon oatli that any person likely to give material. evidence will not attend to-give evidence on a summons then, instead of issuing a summons, it may issue a warrant in the first instance for the apprehension of such person :

Provided further that any person present in Court and compellable as a witness, xbvhether a party or not in the proceedings, may be compelled by the Court to give evidence and produce any document or. thing in his possessio11 or in his power, in the same manner and subject to tht. same rules as if he had been summoned to attend and give evidence or to produce such document or thing and may he punished in like manner for an!’ refusal to obey the order of the Court.

(2) If the prosecutor is not a public officer no person to whom a summons is addressed shall be bound to attend unless his reasonable travelling and subsistence expenses are tendered to him or deposited with the Registrar of the Court out of which such summons is issued, a note thereof being made on the summons.

( 3 ) The provisions of section 46 of this Law shall apply mutatis mutandis to the service of a siimmons for witness iinder this section.

wmnions f c m

50. (1) If ;I summons to a witness is disobeyed without lawful excuse, on proof of service of the summons, a warrant

\.Vari.int 101-

witness

CRIMINAL l’IIOCliDI/’h’L. [CAY. 155. 29

of arrest may be issued to co1npt.1 tlic appearance of the person summoned.

(2) The provisions of scctions 18, 19, 20, 21 and 22 of this Law shall apply mutatis 111 rdaTzdis to every warrant issued to compel the attendance of a witness under this section.

51. Every witness who is present when the hearing of a \\*itness tu case is adjourned or who has been notified by the Court or ~ ~ ~ ~ n e d an officer of the Court of the time and place to which such hearing. hearing is so adjourned, shall, without further notice, be bound to attend at such time and place and, in default of so doing, may be dealt with in the same manner as if he had refused or neglected to attend before the Court in obedience to a summons to attend and give elridence.

52. Any person suminoned to attend as a Lvitness ivho, Penalty for witness without lawful excuse, fails to attend as required by a lefusing

siinimons duly served or \vho, having attended departs with- attend. out having obtained the perniission of the Court or, having been duly notified of the time and place of an adjourned hearing fails to attend at such adjourned hearing, shall be liable to imprisonment not exceeding tjvo months or to a fine not exceeding twenty pounds or to both and shall, i n addition, be ordered to pay all costs occasioned IIV his failure to attend :’

Provided thi t no person shall be prosecuted for any offence under this section, except by the order of the Couit made during the hearing of the case for which the evidence of the witness is required.

53. \&‘lienever any person confined in any prison or Sun1111onlnx institution or otherwise in custody is required to give evi- as witness. dence, the Court or any Judge thereof may issue an order requiring the officer in charge of such person to bring him in proper custody before the Court at a time to be named in the order and such officer, on receipt of such order, shall1 act in accordance therewith a d shall provide for the safe custody of such person during his absence from the place in which he was confined or kept.

prisoner,etc.,

54. The Court, at any stage of the proceedings, may call f ’0wrrti i any person as a witness or re-call and further examine re-call any person alreadq examined and the Court may examine witnesses or re-call and furtier examine any such person if his evi-

call o r


dence appears to the Court to be essential to the just determination of the case.

witness to Of be on oath or affirmation

55. (1) Every witness shall in criminal proceedings be examined upon oath and the Court before which any witness shall appear shall have full power and authority to administer such oath as is customarily administered to persons of the creed or faith of the witness :

Provided that any person, upon objecting to be sworn and stating as the ground of such objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief (the fact to be recorded on the minutes of the proceedings), shall, instead of taking an oath, be permitted to make an affirmation by soleninly promising and declaring that the evidence to be given hy him to the Court shall be the truth, the whole truth and nothing but the truth and such affirmation slid1 be of the same force and effect as if he had taken the oath :

Provided further that the Court may examine without oath any child oi tender years who does not, in the opinion o i the Court, understand the na,ture of an oath (the fact to be recorded on the minutes of the proceedings).

(2) Where an oath has been duly administered and taken, the fact that the person to whom the same was administeret1 had, at the time of taking such oath, no religious belief or the taking of the oath was contrary to his religious belief shall not for any purpose affect the validity of suclt oath.

-


as in this section provided shall be conducted by such advocate.

57. In any criminal proceedings where more than one cross- examination of witnesses accused is charged at the same time-

(.) each accused shall be allowed to cross-examine a ''Tc'z;d. witness called by the prosecution before the witness is re-examined ;

( b ) if a witness called by one accused in giving evidence incriminates another co-accused, such witness mzy be cross-examined by such co- accused and, if so cross-examined, such cross- examination shall take place before cross- examination by the prosecution.

58. (I) Whenever any person, appearirig either in Iieiractory witnesses. obedience to a summons or by virtue of a warrant, or being

present in Court and being required by the Court to give evidence-

(a) refuses to be sworn or makc affirmation ; or ( b ) having been sworn or made affirmation, refuses to

answer any question put to him ; or (c) refuses or neglects to produce any document or

thing which lie is required to produce ; or (dj refiws in a preliminary inquiry to sign his deposi-

tion, witlioiit in any sue11 case offering any excuse to the \atisfaction of the 'Court, ioi- such refusal or neglect, the Coi i r t mav, by .~lrarrant, commit such person to prison, unless lie soon~r consents to do what is required of him.

(2) If such person, upon being brought before the Court, again rcfuscs to do what is required of him, the Court may, if it sees fit, agairn comniii Ililiii and so again from time to time until such person consents to do what is so required of llirn.

(3 ) Any person committed to prison under the provisions of this section may appeal io the Supreme Court and the provisions of this Law relating to appeals to the Supreme Court by persons convicted by a District Court shall apply wmtatis mutandis to a witness committed to prison under this section.

(4) Nothing herein contained shall affect the liability of any such person to m y other punishment or proceeding for refusing or neglecting to do what is SO required of him,

or shall prevent the Court from disposing of 1 1 ~ ~ case ir i tlic meantime according to any o thcr sufficient cbvitleiice talicii before it.

1 ) II IIIIJ 59. (1) X witnebs wlio is unable to speak iiiiig. take t l i c b oath or affirm and may gi1.e his evidence ill aiiy manner iri wit n ew- ,

which lie can make it -inielligible, such as by &ting 01- bi' signs ; but such writing must be written, ant1 the \ i p s made, in open Court.

(2) Icvidence so given shall be deemed to be oral evidciicti.

Cmrt l l l*v 60. Where dny person aypeais befoie the Court 011

of tllr summons, recognisance or by 'i irtue of a ivarraiit to give L ( J S ~ \ and evidence either on behalf of the prosecution or on behalf ,-,tries, of the accused, tlie Court n u \ , a t any stclgv of the pio-

reedings, order yaymcnt ot c,ucli CWI\ and ex~)eiiie\ of \uc.lr witness together tvitli c o m p ~ ~ i s ~ t ion f o i his t I oublc a l i t l

Io<s of time, a\ niay 1~ presc1il)etl

I irder pay-

rupense\ 0 1

I aklng

c,JI ,IIIIIcI , ,OII. it appears ncce 61. Anj' COUI t ilia\ , i i i dii) c~i-iiiimcil pioc ct~l i i igs i n \\ Iiicli

11-y for tl1e purpobc' of ]"btlt'c' to CIO so, make any order for- the taking of evidence 011 oath Ixforc ; ~ n y officer of t l i c l Co1ii-t or an). other pt'rwii or person\ a i ic l

a t 'any place wit~iin or wit~ioiit the ~ o l o n j . , of anjr witness or perscm, arid may order anj7 evidence- so taken to be filed in the Court and m,t! cni~x)wc~r eitlici tlic p iOwxto r or th? accused to produce b u d 1 evidence on 5uch terms ds sucll Court ma\. dircct. An appeal shall lie froni any order 1nadc under this section to tlie Suprenit. Court and shall be bought by notice of appeal given to the Chief Registrar and to the other party within ten days froni the date of tlie (order and the Supreme Court may w t asitlr-1, coniirin or amend such order.

w i t l r n w 11)

Geiiernl-~ro?)isioizs as to $leiis nizd pvoceditre in d l trials, suviwiry and oji in formatioi?.

t - ' le*dw to 62. The person to be tried upon any charge or information Inforli>atloii. shall, when present, be placed before the Court unfettered

unless the Court shall otherwise order and the cliarge or information shall he read over to him bp thc J~ idgc or othcr officer 01 the Court, \ ~ h o niay if necc~ssar'\i csplain to hiin the inatter and contents thereof, arid such person shall be called upon to plead instantly thereto :

diaige or


Provided that the accused may, before pleading, apply to be supplied with a copy of the charge or information and the Court shall cause him to be supplied with such copy or he may apply for further time to plead and the Court may dlow such further time on such terms as it may think fit.

63. (1) The accused shall be entitled to be present at the Presence of Court during the whole of the trial so long as he conducts during trial. himself properly.

(2) If an accused does not conduct himself properly, the Court may, in its discretion, direct him to be removed and kept in custody and proceed with the trial in his absence making such provision as in its discretion appears sufficient for his being informed of what passed at the trial and for the making of his defence.

(3) The Court may, if it thinks proper, permit the accused to he out of Court during the whole or any part of the trial, on such terms as it may think fit.

upon a charge or information or on the hearing of an appeal by Court. from a judgment of an Assize Court, may assign an advocate a of6/53 to defend the accused or the appellant, as the case may be, if the gravity, difficulty or other circumstances of the case make it desirable in the interests of justice ; and the Court shall assign an advocate to defend any undefended person to be tried for an offence punishable with death.

(2) An advocate assigned by the Court shall receive out of the public funds of the Colony such honorarium as the Court, subject to the genelal direction of the Chief Justice, may allow.

accused

64. (1) The Court, before which an accused is to be tried ::$;;;::

45. (1) Whenever any evidence is given in a language not ~ ~ a % ~ ~ ~ ~ -

understood by the accused, and he k present in person. .3.$,lde:t,eto

it shall be interpreted to him in open Court in a language ~ c u s e d which he understands :

Provided that when he i s defended by a ~ ” advocate interpretation may, with the coxiselit of the advocate a i ~ d the approval of the Court, he dispensed w l h .

(2) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to have interpreted as much thereof as appears necessary.

(3) The Court may test in such manner as it may think fit the ability of the interpreter and may administer to him

tAon o!

U.-lBB

34 CAP. 155.1 CRIMINAL PliOCEDUIiE.

Objection to charge or information.

Pleas by accused.

Plea of guilty or not guilty.

such oath, as it may think fit, that lie will well and truly carry out the interpretation.

66. Any objection to a charge or information for any formal defect on the face thereof shall be taken immediately after the charge or information has been read over to the accused and before he pleads thereto but not later.

67. When the accused is called upon to plead, he may plead guilty or not guilty or any such special plea as is specified in section 69 of this Law and his plea shall be recorded by the Court.

68. (1) If the accused pleads guilty and the Court is satisfied that he uiiderstood the nature of his plea, the Court shall proceed as if the accused had becm convicted by the judgment of the Court.

(2) If the accused pleads not guilty, the Court shall proceed with the hearing of the case ill the manner in section 74 of this Law provided.

(3) If thk accused refuses, or ni l1 not aiiswer directly, or by reason of physical infirmit). is unable, to plead, the Court shall proceed in the same manner as if lie had pleaded not guilty.

Special pleas. 69. (1) The accused niay, Iwfore plvacling to the chaige

( a ) that the Court before which he is called upon to plead has not and that sonie other Court has jurisdiction w e r him or over the oft’ence with which he is charged, and, if the plea is sustained, the Court shall send the case to be tried before the Court in the Colony which has jurisdiction over the offender or over the offence ;

(b ) that he has been previously convicted or acquitted, ,as the case may he, on the same facts for the same offence ;

(e) that he has obtained a pardon for his offence. (2) PP eidher of the pleas in paragraph (b ) or ( c ) of sub-

section (1) of this section is pleaded and denied to be true in fact, the Court shc:t try whether such plea is true in fact or not.

or information, plead--

-


If the Court holds that the facts alleged by the accused do not prove the plea, or if they find that it is false in fact, the accused shall be required to plead to the charge or information.

70. (1) If any person, when called upon to plead, appears Insanity of accused. to be insane and incapable of following the proceedings,

the Court shall direct such inquiry as it thinks fit to be made with a view to ascertaining whether he is so insane and incapable, and, if upon such inquiry the Court is of opinion that he is so insane and incapable, the Court shall direct him to be detained during the pleasure of the Governor.

(2) If after trial any person is acquitted on the ground of insanity the Court shall direct him to be detained during the pleasure of the Governor and in every such case, the finding shall state specifically that the accused had committed the act or omission constituting the offence but that he is acquitted on the ground of insanity.

(3) The Governor may, from time to time, give such directions as he thinks fit as to the custody of any person directed to be detained as in this section provided.

,

71. (1) Where an accused person is charged with having L’?iaa(iw zc,aIgY i l l previously been convicted, he shall not, when called upon pna.vlows

to plead, be required to plead to any statement charging tjn\Ictloi1

him with having been previously convicted except at the end of the trial and only if he had pleaded guilty to, on was fcmd guilty on, the rest oh the count containing such statement.

(2) Where a person may properly be required to plead to a statement charging him with a previous con.i-ictioir, he shall be asked if he has been previously convicted as alleged and, if he admits that he has been previouslg. so convicted, the Court may proceed to sentence him but, if he denies that he has been previously so convicted or stands mute of malice or does not answer directly such question, the Court shall inquire concerning such previous conviction and proceed to pass sentence as the circ~arnstancc.~ of the case may require.

‘72. (1) Where the accused is a csrporativm such cor- and 1 4 t X d \w

poration may appear and plead to a charge or information, ~ ~ ~ ~ T c ~ l ~ ~ t l ~ F .

by its representative, by entering a plea in writing ; and, if either the corporation does not appear by representative or, though it does so appeax, fails to enter any plea, the

$:OB

CAP. 155.1 CRIMINAL PROCEDURE.

Court s h d cause a plea of not guilty to be recorded and the trial shall proceed accordingly.

(2) In this section the expression '' representative " in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorised to do but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on hehalf of the Corporation before any Court for any other purpose.

A representative for the purposes of this section need not be appointed wider the seal of the corporation and a statement ir; wiiLing purporting to be signed by a managing director of the corporation or by any person, by whatever name called, having, or being one of the persons having, the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.

- - -- _ - 36

~

I

Witnesses court during direct that all witnesses shall leave the Court : hearing. Provided that-

73. If the accused pleads not guilty, the Court shall to leave the

(a) the Court may permit professional and technical

(b) failure to comply with the provisions of this section witnesses to remain in Court ; and

shall not invalidate the proceedings.

IrIearingof 74. (1) After the witnesses have left the Court as in section 73 of this Law provided, the Court shall proceed to hear the case in the manner following :--

he prosecutor or the advocate for the prosecution roceed to call the witnesses and adduce

such other evidence as may be adduced in support of the case for the prosecution ;

(b) at the close: of the case for the prosecution, the accused or his advocate may submit that a p~ima facie case has not been made out against the accused sufficiently to require him to make la defence zz..,,', if the Court sustains the submis- sion, it shall iiequit the accused ;

the case.


(c) at the close of the case of the prosecution, if it appears to the Court that a prima facie case is made out against the accused sufficiently to require him to make a defence, the Court shall call upon him for his defence and shall inform him that he may make a statement, without being sworn, from the place where he then is, in which case he will not be liable to cross-examination or give evidence in the witness box, after being sworn as a witness, in which case he will be liable to cross-examination as a witness ;

(d) after the accused has made a statement or has given evidence as hereinbefore provided, he may call any witness or other evidence he has to adduce in his defence ;

(e) if the accused adduces in his defence new matter which the prosecution could not have foreseen, the prosecutor or the advocate for the prosecution may, with the leave of the Court, adduce evidence to rebut such new matter.

(2) At every trial, the prosecutor and accused or their respective advocates may open their case and, at the conclusion of the trial, the party who has last called a witness may address the Court and the other party may then address the Court in reply :

Provided that, when a Law Officer appears for the prosecution, such officer shall have a right of reply in all cases.

75. Where more persons than one are tried together, the F'Z;~: Court may regulate the procedure to be followed at the morepefions hearing in any way which may appear desirable and which than one. is not inconsistent with the provisions of this Law.

76. Where, during or upon a joint trial, one of the accused ::gination gives evidence under section 74 (c) of this Law and, in so by doing, incriminates one of his colaccused, such co-accused accused shall be entitled to cross-examine him and such cross- examination shall take place before cross-examination by the prosecution.

77. (1) At the conclusion of the hearing the Court shall Acquittalor conviction. consider the whole case and deliver its judgment and, for this purpose, may adjourn the trial.


hllocutus.

Motion in arrest of judgment.

. Sentence.

(2) When the Court consists of more than one Judge, unless a majority of the Court considers the accused guilty, he shall be acquitted.

(3) If the accused is found guilty the Court shall convict him and, subject to the provisions of sections 78 and '79 of this Law, proceed to consider what sentence shall be imposed upon him.

In deciding what sentence shaUqbe imposed, in case the Court consists of more than one Judge and there is an equality of votes, the president of the Court shall have an additional or casting vote.

(4) If the Court acquits the accused, he shall be immediately discharged from custody unless he is acquitted on the grounds of insanity.

78. If the Court finds the accused guilty or if the accused person pleads guilty, it shall be the duty of the Judge or other officer of the Court to ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings.

79. (1) The accused may, at any time before sentence, whether on his plea of guilty or otherwise, move in arrest of judgment on the ground that the charge or information does not, after any alteration which the Court is willing to and has power to make, state any offence which the Court has power to try.

(2) The Court may, in its discretion, either hear and determine the matter during the same sitting, or adjourn the hearing thereof to a future time to be fixed for that purpose.

(3) If the Court decides in favour of the accused, he shall be discharged from that charge or information.

80. If the Court decides against the accused on a motion in arrest of judgment or if the accused, after having been asked as in section 78 of this Law provided, has nothing to say or after hearing what he has to say the Court is of opinion that sentence should nevertheless be passed upon him, the Court may either proceed to pass sentence upon him according to law or may postpone the passing of such sentence to a future time.


Outstanding offences.

81. (1) Where in any criminal proceedings instituted by or on behalf of a public officer the accused is found guilty of an offence, the Court, in determining and in passing sentence, may, with the consent of the prosecutor and the accused, take into consideration any other outstanding offence or offences which the accused admits to have committed :

Srovided that, if any criminal proceedings are pending in respect of any such outstanding offence or offences and such proceedings were not instituted by or on behalf of a public officer, the Court shall first be satisfied that the prosecutor in such proceedings consents to that course.

section and an outstanding offence is taken into consideration, the Court shall enter or cause an entry to that effect to be made on the record and upon sentence being pronounced the accused shall not, unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.

I (2) W h a consent is grven as in subsection (1) of this

82. No variance between the facts proved at the trial Variances. and the statement of the offence in the charge or information shall affect the validity of the proceedings unless the Court considers that the accused has thereby been actually misled and prejudiced in his defence, in which case the Court may, on the application of the accused, adjourn the trial and allow any witness to be recalled and such questions to be put to him as, by reason of the terms of the charge or information, may have been omitted.

83. (1) Where, at any stage of a trial, it appears to the Alterationof defective Court that the charge or information is defective, either in chargeor substance or in form, the Court may make such order for information. the alteration of the charge or information either by way of amendment of the charge or 'information or by the substitution or addition of a new count thereon as the Court thinks necessary to meet the circumstances of the case.

(2) Where a charge or information is so altered, a note of the order for the alteration shall be made on the charge or information and the charge or information shall be treated for the purpose of all proceedings in connection therewith a5 having been filed in the altered form.

-

40 CAP. 155.1 C R I M I N A L P R O C E D U R E .

procedure on 84. (1) When a charge or information is altered as-in charge or section 83 provided, the Court shall forthwith call upon the information. accused to plead thereto and to state whether he is ready

to be tried on such altered charge or information. (2) If the accused declares that he is not ready, the Court

shall consider the reasons he may give and, if proceeding immediately with the trial is not likely in the opinion of the Court to prejudice the accused in his defence or the prosecutor in his conduct of the case, the Court may proceed with the trial as if the altered charge or information had been the original one.

(3) If the altered charge or information is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor, the Court may either direct a new trial or adjourn the trial for such period as the Court may consider necessary. (4) When a charge or information is altered by the Court

after the conimencement of the trial the evidence already given in the course of the trial may be used without being reheard hut the parties shall be allowed to recall UI' re-summon any witness who may have been examined and examine or cross-examine such witness with reierence to such alteration.

alteration of

Proof of part 85. (1) If part oiily of the charge or inforniation is proved and the part so proved constitutes an offence, the accused

or of offence may, without altering the charge or information, be con conta,ned victed of the offence which he is proved to have committed. therein. (2) If a person is charged with an offence, he may,

without altering the charge OF iiiforniation, be convicted of attempting to commit the ofience.

(3) If a person is proved to have done any act with the intent to commit the offence with which he is charged, and if it is an offence to do such an act with such an intent, he may, without amending the charge or information and notwithstanding that he was not charged with such last- mentioned offence, be convicted of the same. (4) If at the conclusion of the trial the Court is of

opinion that it has been established by evidence that the accused has committed an offence or offences not contained in the charge or information and of which he cannot be convicted without amending the charge or information, and upon his conviction for which he would not be liable to a greater punishment than he would be liable to if he

of charge or information

not

CIIIMINAL PROCEDURE. [CAP. 155. 41

i ~ e r e convicted 011 the charge or information, and that the accrised would not be prejudiccd thereby in his defence, the Court inay direct a count or counts to be added to the charge or information charging the accused with sucli o€!ence or offences, and the Court shall give their judgment thereon as if such count or counts hat1 formed a part of the original cliargc or information.

. If a charge or inforrnation does not state, and cannot Quashingof by any alteration authorised by this Law be made to state, any offence which, in the opinion of the Court, was within th; reclsonable contemplation of the accused, it shall be qwshrd either c m a motion made befme the accused pleads or on a motion made in arrest of judgment.

A written statement of every such motion shall be tle~ivel-ed to the Registrar or o t k r officer of ilie Coiiit by or on IiekiaIf of t!ie acc1l:ied and sIiaIl I>C cntered upon th;. secord.

89. (1) Where it appears to the Court that i ~ ? the interest view

of just ice the Court should have a view oi ,znv place, person ’‘*‘‘’’- or thing connccletl with the case, the Court may proceed io view tb:: plxe, person or thing concerned.

(2) ‘[he accused shall be present at the vien., unless tlir Court otlie~wise directs and the Court may generally give

h directions. regarding the said view and proceedings thereat as to it Inay wen1 fit.

Sj>txiul ~5roirisio~s it.1 s m i m a r v trials. 88. Except where a longer time is specially allowed by x~lll~ltatloll

any Law in force for the time being, 110 charge shall he :;&’‘C; brought against any person for any offence the puriishmerit summary for which does not exceed imprisonment for three months :y:5:cases. or a fine of twenty-five pounds or both, unless the c h q e is brought within six months from the clay of the corn- tnission of the offence.

89. (1) If a t any summary trial a t the time appointed Proceedings for his appearance, an accused whose personal attendance ::gince has not been dispensed with under subsection (1) of of accused section 45 of this Law, fails to appear then, on proof of &setutor, service of the SuInuions upon him, the Court may proceed to hear and determine the case in his absence or, if it thinks fit adjourn thc case and issEe a warrant for his arrest under thr provisions of this Law.

42 CAP. 155.] CRIMINAL PROCEDURE.

(2) If, at the time appointed for the hearing of the case,the accused appears but the prosecutor fails to appear, theCourt shall acquit the accused unless for some reason itthinks proper to adjourn the hearing of the case to someother day, upon such terms as it may thinkfit.

Offe~ce 90. If, before or during the course of a summary trial, it~~~=ble appears to the Court that the case is one which ought to be~o~afummary tried by an Assize Court, the Court shall stop furthern . proceedings and direct a preliminary inquiry to be held

under the provisions of this Law.

Preliminaryinquiry tobe held foroffences nottriablesummarily.

91. Subject to the provisions of section 154 of this Law,if a prosecutor in any summary trial, at any time before afinal order is passed, satisfies the Court that there aresufficient grounds for permitting him to withdraw thecharge, the Court may permit him to withdraw the sameand shall thereupon acquit the accused:Provided that, if the charge is so withdrawn before the

accused had pleaded to it, the accused shall be dischargedbut such discharge shall not operate as an acquittal.

Preliminary Inquiry.92. Whenever any charge has been brought against any

person of an offence not triable summarily or as to whichthe Court is of opinion that it is not suitable to be disposedof by summary trial, a preliminary inquiry shall be held bya Judge in accordance with the provisions in sections 93to 105 (inclusive)contained.

Withdrawalof charge.

Procedure in 93. Where a Judge holds a preliminary inquiry, thepreliminary following provisions shall apply :-inquiries.

(a) when the accused appears or is brought before theJudge, the Judge shall read and explain tohim the charge to which the accused, however,should not be required to plead and, if anyplea is made, it shall not be recorded by theJudge;

(b) the Judge shall proceed to take the evidence of thewitnesses for the prosecution, in the manner insections 96 and 97 of this Law provided, in thepresence of the accused and, whenever anyevidence is given in a language not understoodby the accused, the provisions of section 65 ofthis Law shall be applied:

CRIMINAL PROCEDURE. [CAP. 155.

Provided that, if the accused does not conduct himself properly, the provisions of subsection (2) of section 63 of this Law shall apply r~czrtntis mutandis to this paragraph ;

( c ) if, after examination of the witnesses called on behalf of the prosecution, the Judge considers that on the evidence as it stands, regard being had to the provisions of section 94 of this Law, there are sufficient grounds for committing the accused for trial, the Judge shall read again the charge to the accused person and explain the nature thereof to him in simple language and address to him the following words, or words to the like effect :-

" This is not your trial. You will be tried later before the Assize Court. You will then he able to conduct your defence and call any witnesses on your own behalf. Unless you wish to reserve your defence, which you arc at liberty to do, you may now either make a statement not on oath or give evidence on oath and in any case call witnesses on your behalf. If you give evidence on oath you will be liable to cross-examination. Anything you may say whether on oath or not will be taken down and may be used in evidence at your trial before the Assize Court " ;

and the Judge shall proceed to state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from ariy threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding any such promise or threat ;

( d ) everything which the accused says, either by way of statement or evidence, shall be recorded in full by the Judge and shall be read over to him and, whilst it is so read, the accusetl shall be at liberty to explain or add to the record thereof. The record shall then be signed by the accused and attested by the Judge; if the accused is unable to sign his name, he shall affix his mark which shall be witnessed by the

43

I 44 CAP. 155.1 CRIMINAL PROCEDURE.

Judge and, if the accused refuses either to sign or to affix his mark, the Judge shall make a note of such refusal and his record may be used as if the accused had signed it or affixed his mark thereto.

The statement of the accused recorded as aforesaid may, without further proof, be received and read in evidence at his trial unless it is proved that the Judge purporting to attest the statement did not in fact attest it ;

(e) the Judge shall then, and whether the accused has or has not made a statement or given evidence, ask him whether he desires to call witnesses on his own behalf and the Judge shall take the evidence of any witnesses called by the accused in the manner in sections 9 6 m d 97 of this Law provided ;

I

(f) the accused or his advocate shall be at liberty to address the Court-

(i) after the examination of the witnesses called ~n behalf of the prosecution ;

(ii) if no witnesses for the defence are called, immediately after the statement or evidence of the accused ; if witnesses for the defencle are called, immediately after the evidence of such witnesses ;

(g) if the accused or his advocate addresses the Court in accordance with the provisions of paragraph (f) the prosecution shall have the right of reply ;

(h) subject to the provisions of section 94, if, at the close of the case for the prosecution, or after hearing any evidence in defence, the Judge codsiders that there are no sufficient grounds for committing the accused for trial, the Judge shall order him to be discharged as to the particular charge under inquiry ; but such discharge shall not be a bar to any subsequent charge in respect of the same facts either on the same charge or any other charge ;

(i) if the accused is not discharged, the Judge shall commit him for trial by the Assize Court next sitting in the district in which the offence is alleged to have been committed, or with the

CRIMINAL PROCEDURE. [GAP. 155. 45

consent of the accused and the Attorney- General to an Assize Court then in session in such district and, subject to the provisions of subsection (2) of section 157 of this Law, either admit him to bail or commit him to prison for safe keeping.

94. Where there is a confiict of evidence, the Judge shall Conflict of evidence consider the evidence to be sufficient to commit the accused for trial if the evidence against him is such as, if u11- contradicted, would raise a probable presumption of his guilt.

95. In the case of a corporation, if the Judge considers Coiurnittalol corporation. that there is sufficient ground for committing the accused

corporation for trial, he may make an order accordingly and, for the purposes of this Law, any such order shall be deemed to be a cornmittal for trial, empowering the At torney-General to file an information against such corporation.

96. (1) .At every preliminary inquiry, the Judge shall Depositions take down the substance of the evidence of every witness how taken. called thereat in the form of a narrative unless the Judge thinks fit to take it in the form of question and answer and the evidencewf every witness so taken shall in this Law be referred to as " deposition."

(2) The deposition of cwry witness shall be read o \ w to him and shall be signed by liini and attested by the Judge before whom the evidence was taken, the accused, the witness and the Judge being all present together at the time of such reading, signing and attesting subject always to the proviso to paragraph (b ) of section 93 of this Law.

(3 ) If the witness js unable to sign his name, he shall affix his mark which shall be witnessed by the Judge.

(4) If a witness refuses to sign or affix his mark, the Judge shall make a note of such refusal on the deposition, with its reason if ascertained.

97. (1) If it is made to appear to any Judge that an!- Taking

travel, is able and killing to give material evidence relating JS i l l . ptc.

to any offence triable on information with which aii? person has been charged (whether the preliminary inquil has not been held or has ended or is in progress, but n i t

person dangerously ill, not likely to recover or unable to deposition witne3swhn of

46 I -_ -

CAB. 155.1 CRIMINAL PROCEDURE. I after the accused has been Ischarged), the Judge may take tht deposition of such person in the manner in section 96 of this Law provided, subject however to the provisions of subsection (2) of this section.

2) The Judge taking the deposition shall, where prac- tierable, by an order in writing under his hand, cause reasonable notice to be served on the prosecutor and the accused of his intention to take the same and of the time

ace where it is Po be taken ; and, if the accused is in custody, direct the officer having the custody of the i accused to cause him to be conveyed to the place where the deposition is to be taken, for the purpose of being present

it is taken, and to be taken back to the place of

Provided that nothing in paragraph (b ) of section 93 of this Law or in this subsection contained shall affect the validity of a deposition if it is proved that notice having been served as hereinbefore provided the person affected thereby, refused or neglected so to attend. '

(3) The procedure set out in paragrapfi (b ) of section 93 of this Law shall, so far as applicable, be followed in connection with depasitions taken under this section. (4) If such deposition relates to an ofience as to which-

(.) the preliminary inquiry has not been held, the Judge taking it shall send it to the Registrar of the Court in which the preliminary inquiry is to be held ;

(b ) the preliminary inquiry has ended, the Judge taking it shall send it to the Registrar of the Court in which the preliminary inquiry has been held ;

(c) a preliminary inquiry is in progress, the Judge taking the deposition shall send it to the Registrar 0% the Court in which the preliminary inquiry i s being held,

arid every such deposition shall be treated as, and shall be considered for all purposes to be, a deposition taken during the preliminary inquiry.

r)epositions

dS cvlde,,ce 111 certain

98. (I) Where an accused has been committed for trial for any offence, every deposition and every document or exhibit relating thereto may, if the conditions in subsection (2) of this section are satisfied, without further proof, be received and read in evidence on the trial of that

may he read

CdclPS

accused, whether for that oflence or for any otlier offence arising out of tlic same facts or set of circumstances, as that offence.

(2) The conditions liereinbefore referred to are the following :--

(a) the deposition must be the clepositioii eitlier oi a witness whost: atieiidarice at the trial is stated to be unnecessary in accordance with tlie provisions of section 100 of this Law (not being a witness who has been subsequeiitly notified that he is required to attend the trial) or of a witness who is probed at the trial to be absent from the Colony 01- to be kept out of tlie Lvay by ineaiis oi the prociireinent of the prosecutor 01- tlie accustd or 011 behalf of either or to lie dead or insane or SO ill as not to lie able to travel or to be iiiiablc to attend for any oilier sufficient causc to thc. sLtisfaction of the Court ; and

(b ) the deposition must purport to be attested by the Judge bcfore wliom it purport\ to have 'been taken and tlie deposition shall be deemed to have been so attested unless it is prolred that in fact it was not so attested.

99. (1) The Ji&e holding tlie preliminary inquiI v shall ulllcil~l# " \e r td witneqzc CI bind over every witness, called at such inquiry and-n.hose

deposition has- been taktw, to attend to give evidence at the trial of the accused befoie the Assize Court.

50 bound over shall enter into a recognisance and such recognisance shall specify the naiiie arid surnanie of the pt'rson entering into it, his occupation 01 profession, if any, and his addresb.

Such recognisancch niay be eitlier at the foot of tllc deposition or separate therefrom and shall be acknowledged by the person entering into it and be subscribed by the Judge before wliom it is acknowledged or by an officer of the Court.

(3) Any witness wlio refuses, without reasonable excuse, to enter into such recognisance may by warrant be committed by the Judge holding the preliminary inquiry to prison, there to be kept until aftvr the trial or uiitil tlw witness enters into such recognisance bcfore a Judge :

Provided that, if thc accused is aftmvards discliarge any Judge niay order any such witness to be dischargtJ forthwith.

(2) Every nitn

48

cQndltloika* binding over

1 0. (1) Where a person charged before a Judge with an wltne,\es ofitwce triable upon information is committed for trial and

it appears to the Judge, after taking into account anything ~ l i i c h may be said with reference thereto by the prosecutor or the accused, that the attendance at the trial of any wit.rzess who has been examined before him is unnecessary by rmsm of anything contained in any statement by the accu,ed or of the accused having admitted the charge or of the evidence of the witness being merely of a formal nature the Judge shall, if the witness has not already been bound over, bind him over to attend the trial conditionally upon notice being given to him and not otherwise or shall, if the witness has already been bound ol’er, direct that he shall be treated as having been bound over to attend only conditionally as aforesaid and sliall transmit to the Court of trial a statement in writing of tlie names, addresses and occupations of the witnesses who ale, or \zho are to be treated as having heen, bound over to attend tlie trial conditiona\ly.

(2) Where a witness has been, or is .to be treated as having been, bound over conditionally to attend the trial, the Attorney-General 01 the person committed for trial may give notice at any time before the opening of the Assizes TO the Chief Registrar, or, with the leave of thc Assize Court, to the Registrar of that CouIt at any timc khereafter, that he desires the witness to attend at the trial, m d the Chief Registrai 01 the Registrar of tlic Assize Court, as the case may be, to whom m y sucli riotice is gi-\ren shall cause the witness to be iiotilied that lie is aequired so to attend in pursuance of his recognisance.

( 3 ) The Judge shall, on committing tlic accused for trial, inform him of his right to require tlie attendanclt. at the trial of any such witness as aforesaid and of the steps which he must take for the purpose of enforcing such attendance.

TTd l-rti1sLion In the event of a committal for trial a certified copy of tlie charge, the depositions, the statement of the accused, the recognisances of the witnesses, the bail bonds, if any, and certified copies, as may be conveniently made, of such documentarv exhibits. shall be transmitted without delav

of rcccrd of

by the Piegikrar of t lk Court in which the committal was made l o the Chief Registrar for transmission to the Assize Court before which the trial is to be held and similar copies shall be transmitted to the Attorney-General.

The originals of all the documents transmitted to the

CRIMINAL PRQCEDURE. [CAP. 155. 49 - -

Chief Registrar as hereinbefore provided, together with all other documentary and other exhibits which had not been so transmitted, shall be kept by the Registrar and be made available by him at the trial before the Assize Court.

2. A person who has been committed to trial shall be Accusedto have copy of

entitled to have a copy of the charge, the depositions and d epositions,

which have been put in evidence, on payment of the payment. of his statement and, where practicable, of any documents etc., o*

prescribed fees.

3. (1) If, in the course of a preliminary inquiry, it Power of appear to the Judge that there are no sufficient Judge summaPily to try

grounds for committing the accused for trial but that the during evidence discloses an offence triable sumniarily, the Judge of

shall cause a charge to be framed against the accused for preli~lllnav such offence.

(2) The trial shall then continue as ill an ordinary summary trial, except that the evidence already given in the course of the preliminary inquiry may be used without being reheard :

Provided that the prosecution or the accused may recall any witness already examined for the purpose of putting any further questions.

course

inquiry.

. If the Judge who has commenced a preliminary Preliminary inquiry may y is unable for some good cause to continue it after be

an adjournment, any other Judge of the Court may by other continue the same and may rccall any ivitness alreadv . ludge

examined for the purpose of putting further questions.

5 . If, during a preliminary inquiry, it shall appear to Transfer of the Judge that the offence in respect of which the accused is charged has not been committed within the limits of the committed jurisdiction of the Court in which he is sitting, he shall by . . order transfer the case to the Court having jurisdiction and may issue any warrant necessary for the purpose of taking the accused before such Court.

The charge made, any depositions, recognisances, any bail bonds taken and any exhibits produced during such preliminary inquiry shall be transmitted to the Court to which the case is transferred and such charge, depositions, recognisances, bail bonds and exhibits shall be treated for all intents and purposes as if they had been made, taken or produced before or by such Court.

case where

outside junsdiction.

C -166

50 CAP. 155.1 CRIMINAL PROCEDURE

for trial 106. Notwithstanding anything in this Law contained, withouta an Assize Court may by an order and without any pre- inquiry. prelimi11ary liminary inquiry commit for trial any person for giving s 0/6/53. false evidence in any proceedings before it and such person

may be committed for trial and tried at the same sitting of such Court.

Special provisions in trials on in formation. Trial before 107. No person shall be put upon his trial for any offence tobeon not triable summarily, although he may have been com- informativn. mitted for trial, except upon an information filed by the

Attorney-Genc.ral in tlie Assize Court in which such person is to be tried.

Assize Court

Inforrnatiol1 108. In any such information, the Attorney-General niay may charge accused with charge the accused wit11 any oft'ence which in the opinion any disclosed offelm in of the Attornej,-(;eneral is disclosed by the depositions depositions either in addition to, or in substitution for, the offence

upon which the accused has been committed for trial.

Form of 109. Every information shall be in the prescribed form and shall be signed by the Attorney-General ; it shall state the name of the Assize Court in which it is to be filed and shall also contain , tlie following particulars :--

( a ) the name and description of the accused committed for trial ;

( b ) the name of the committing Jadge, the date of the committal and the date or dates and place or places of the taking of the depositions ;

(c) the offence or offences with which the accused is charged containing the particulars set out in section 39 of this Law which shall apply mutatis mutandis to the framing of inforrnations as it applies to the framing of charges ;

( d ) the names of the witnesses who gave evidence at the preliminary inquiry endorsed at the back of the inform a t' ion.

information.

Sections404 110. Sections 40, 41 and 42 of this Law (relating apply to respectively to the joinder of counts, joinder of persons and 1nfcJ*ma- the manner in which parties to offences may be charged)

shall apply 'mufatis mutrandis to informations as they apply to charges.

41 and 42 to

trons

CRIMINAL PROCEDURE. [CAP. 155. 51 -~

11. A person who has not given evidence at the pre- liiminary inquiry shall not be called by the prosecution to give evidence at the trial unless the accused or his advocate has been previously given a notice in writing containing the name of the witness intended to be called and the substance of the evidence intended to be given :

Provided that no such notice shall be required when the witness intended to be called is-

(a) a co-accused who has already been acquitted or convicted ;

(8) a person called only to prove that a witness who has given evidence at the preliminary inquiry cannot be produced at the trial;

witnesses.

(c) a witness whose evidence is of a formal nature ; (d) a witness of whose evidence the prosecutor became

aware on the day on which the witness is called.

Jadgwtents . 1182. (1) The judgment in every trial under this Law shall Mode of delivering

be pronounced or the substance of such judgment shall be judgment. explained in open Court either immediately after the termination of the trial or a t some subsequent time of which notice shall be given to the parties or their advocates, if any.

(2) The accused shall, if in custody, be brought before the Court or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where the Court has proceeded to the determination of the case in4 the absence of the accused under sections 63 or 89 of this Law or where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted.

(3) No judgment delivered by any Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day notified for the delivery thereof or of any omission to give or any defect in giving to the parties or their advocates, or any of the-m, notice of such day.

113. (1) Every such judgment shall be recorded in Contentsof judgment. writing and, in cases where appeal lies, shall contain the point or points for determination, the decision thereon and the reasons for the decision and shall be dated and signed by the Judge or, where the Court consists of more than one Judge, by the President thereof or by his direction by

4(a)

- .


any other member of the Court, at the time of pro- nouncing it.

(2) When a judgment has been so signed, it shall not be altered or reviewed by the Judge or Court giving such judgment except for correcting a clerical error.

Delivery of 114. When a Judge, having tried a case is prevented by another illness or other unavoidable cause from delivering his Judge judgment such judgment, if the same has been seduced cases. into writing and signed by the Judge, may be delivered

and pronounced in open Court by any other Judge.

judgment by

in certain

copy of

accused.

115. On the application of the accused, a copy of the judgment shall be given to him without delay free of cost. judgment to

Notes of 116. When a person has been directed to fw tletairicd report to be during the Governor’s pleasure, the Judge or the prmidding

Judge shall forward to the Governor a copy of the notes of to the Governor evidence taken at the trial, with a report in writing con- in certain taining any recommendations or observations on the case cases. as such Judge may think fit to make.

evidence and

Commence-

sentenceof imprisonment.

117. (1) Subject to the provisions of subsection (2) of this section a sentence of imprisonment shall take effect from and shall include the whole of the day on which i t was pronounced.

(2) 12 sentence of imprisonment passed c m 21 pers.ciB~ already sentenced to a term of imprisonment shall, unlebs the Court otherwise directs, commence at the expiration of the former sentence.

ment of

PART I V EXECUTIONS ANI) RECOVERY OF PENALTIES.

118. (1) Any penalty ordered to be paid may be ordered to be paid forthwith or at such subsequent time 3r by such instalments as the Court making the order may direct.

(2) If, upon the apprehension of any person, money was taken from him, the Court may, upon the conviction of such person, order the whole or any part of such money to be applied for the payment of any penalty ordered to be paid by such person.

Payment of penaSty

~

~

CRIMINAL PROCEDURE. [CAP. 155. 53 I - -

119. (1) Any Court by which any penalty is ordered to g t z g a - be paid may interrogate the person against whom it is made person as to as to his means of payment, and such person may be so F : j ; ~ ; . interrogated either at the time when the order is made or at any subsequent time before the penalty is paid.

(2) For the purpose of enabling an inquiry to be made under this section, a Court may issue such process to compel the appearance of the person to be interrogated as it may issue to compel the attendance of a witness :

of this Law contained, service of a summons on a person who is absent when he is ordered to pay a penalty shall be in the prescribed form and may be effected by sending it to him by ordinary post in a letter addressed to him at his last known or usual place of abode.

Provided that, notwithstanding anything in section 46 3 of55154

120. (1) When ordering the payment of a penalty, the for

Court may, subject to the provisions of section 128 of this penalty. Law, specify the period of imprisonment which the person lo O f 6 I s 3 .

affected shall undergo in default of payment of such penalty and such period may be inserted in any warrant issued under subsection (2) of this section.

(2) When a Court orders any penalty to be paid by any person, such penalty may be levied under a warrant of execution on the movable and immovable property of such person, as set out in section 121 of this Law :

Provided that no execution on the immovable propcrty of such person shall be levied, unless it appears that his movable property is not sufficient to satisfy the order.

(3) A warrant under this section shall be ordinarily executed within the local limits of the jurisdiction of the Judge issuing the same but may be executed by the sale of any property belonging to such person outside such limits when endorsed by a Judge of the District Court within the local limits of the jurisdiction of which such property is found. (4) The person affected by any warrant under sub-

section (2) of this section may pay to the officer executing the warrant the sum therein mentioned, together with the amount of the costs of execution up to the time of payment and, thereupon the officer shall cease to execute the same.

121. Subject to the provisions of section 120 of this Law, Eso;fof the provisions relating to execution of judgment debts in warrants.


civil proceedings under any enactment in force for the time being, shall apply to the execution of any warrant issued under the provisions of section 120 of this Law.

122. Any person claiming to be entitled to, or to have any interest in, the whole or part of any property taken in execution of a warrant issued under section 120 of this Law may, at any time before the sale thereof, apply to the Court to determine the right or interest to the property in accordance with the provisions of any enactment in force for the time being.

123. If the officer executing a warrant reports to the Court that he could find no property 01- no sufficient property whereon to levy the amount mentioned in the warrant and the costs of execution, the Court may by warrant of commitment, commit the person affected to prison for the period specified in the warrant of execution and for such further period to which the person may be liable under the provisions of section 128 of this Law in connection with the costs of execution, unless such amount and costs to be specified in the warrant of commitment are sooner paid.

Claim on

execution*

Commitment to prison.

Commitment

wamnt of execution.

124. When it appears to the Court that execution on the property of the person ordered to pay the penalty would be ruinous to him or to his family or, by his admission or otherwise that he has no property whereon execution may be levied or for any other sufficient reason it appears to the Court that it is to the interest of such person or his family so to proceed, the Court may, instead of issuing a warrant of execution, commit such person to prison for a time specified in the warrant of commitment but always subject to the provisions of section 128 of this Law, unless the amount and costs of execution are sooner paid.

125. Where any person has been committed to prison under this Part of this Law, such person may pay or cause to be paid to the officer in charge of the prison the sum specified in the warrant of commitment and such officer shall receive the same and thereupon discharge such person, unless he is in custody for some other matter.

126. Where a sum has been received in part satisfaction of a sum due under a warrant of execution or a warrant of commitment, such sum shall be applied towards the payment of the following in the following order :-

in lieu of

Payment

mitment. after com-

Application of sum

received under warrant.


(a) costs of execution ; (b ) costs of the proceedings as may have been directed

(c) compensation or damages as may have been directed

(d) fine or any other amount payable into public

by the Court ;

by the Court ;

revenue.

127. (1) Where an amount is received in part satisfaction of a sum due under a warrant of execution or a warrant of imprison- commitment, the procedure as hereunder in this subsection menton P&

payment of penalty. set forth shall be followed--

(a) the imprisonment shall be reduced by a number of days bearing as nearly as possible the same pro- portion to the total number of days for which the person affected is committed as the sum so paid towards the penalty bears to the amount of the penalty for which such' person is liable ;

(b) the officer in charge of a prison in which the person affected by such part payment is confined shall release such person on the day which appears to such officer to be the correct day and, thereupon, he shall endorse the warrant accordingly and shall, as soon as practicable thereafter, inform the Court of the action taken and such Court shall thereupon make such order or record as the Court may consider to be required in the circumstances.

(2) In reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a piastre shall be omitted.

Period of imprison- 128. Where a person is committed to prison as in this

respect of any sum not exceeding the amount set out in the g;;m~t- first column of the table in this section contained shall not exceed the corresponding term set out in the second column.

Part of this Law provided, the period of imprisonment in ment in case

CAP. 155.1 CRIMINAL PROCEDURE. ___.

56

TABLE. . . ~ ~.

First Column. -

500 mils

- - -_____

Second Column. --- -

5 days. 18 days. 28 days. I month. 3 months. 6 months. 1 year.

- _ ~ - _-_I__-

Detention 9. Where any Court issues any warrant of execution ofexecution, under this Law, it may suffer the person against whom the

warrant is issued to go at large or order him to lie detained in custody until return is made to tlic warrant, unless lie i;hall give sufficient security by recognisance or otherwisc to tlle satisfaction of the Court to appear before tlic Court before which the return is to be made at any time when called upon so to do ; and, if he fails to appear accordingly. the recognisance or otIier security may be thereupon forfeited.

after warrant

Orders by 130. Notwithstanding aiiytlimg in thi, Law or any othei enactment contained, every order for the payment of a penalty made by an Assize Court c;liall be executed and every process thereon shall be issued by any member of the District Court of the district in which such Assise Court sat for the trial of the case in respect of which the orcler was made.

Assize courts.

PART V. APPEALS, KESERVET) QUESTIONS OF LAW, ETC.

No appeal 131. (1) Subject to the provisions of any other enactment ,-asesexcept in force for the time being, no appeal shall lie from any as provided judgment or order of a Court exercising criminal jurisdiction

except as provided for by this Law. (2) There shall be no appeal from an acquittal except a t

the instance or with the written sanction of the Attorney- General, as in this Law provided.

in criminal

for.


132. (1) Any person convicted by an Assize Court and sentenced to death or to any term of imprisonment or to court a fine exceeding twenty pounds may, subject to the provi- %z;kon sions of sections 135 and 136 of this Law, appeal to the Supreme Court-

(a) against his conviction as of right on any ground of appeal which involves a question of law alone;

(b ) with the leave of a Judge of the Supreme Court (not being the Judge who presided at the trial), against his conviction on any ground of appeal which involves I? question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Judge who considers the application foi leave to appeal to be a sufficient ground of appeal ;

(c) with the leave of a Judge of the Supreme Court (not being the Judge who presided at the trial), against the sentence passed on his conviction unless the sentence is one fixed by law.

(2) Where a person, entitled tn 3Lp?ertl as of right on a point of law as in paragraph (a ) of hubsection (1) of this section provided, desires to appeal to the Supreme Court, he shall give notice of appeal by causing the same to be delivered to the Chief Registrar within ten days of the date iipon which sentence was pronounced.

(3‘ M’here a person desires to appeal to the Supreme Court as in paragraphs (h ) and (c) of substction (1) of this qection provided, he <hall apply for leave to appeal by causing the application to be delivered to the Chief Registrar within ten days of the date upon which sentence was pronounced.

(4) Where the person appealing is confined in any prison or institution or is otherwise in custody, he shall be deemed to have sufficiently complied with the provisions of subsection (2) or (3) of this section, if he delivers his notice of appeal or his application for leave to appeal, as the case may be, to the officer having charge of him for transmission to the Chief Registrar.

133. (1) Any person convicted by a District Court and ~ ; ‘ ~ ~ t f r o n l sentenced to any term of imprisonment or to a fine, ex- court ceeding ten pounds may, subject to the provisions of sections I35 and 136 of this Law, appeal to the Supreme 11 o f 6 / 5 3 . court-

CAP. 155.1 CRIMINAL PROCEDURE. __- - _. - - . _ _ _ _ _

58 .~

(a ) against his conviction as of right on any ground which involves a question of law alone ;

(b) with the leave of a Judge of the Supreme Court against his conviction or sentence.

(2) Where a person, entitled to appeal as of right on a point of law as in paragraph (a) of subsection (1) of this section provided, desires to appeal to the Supreme Court he shall give notice of appeal by causing the same to be delivered to the Registrar of the District Court in which the appellant had been sentenced, within ten days of the date upon which sentence was pronounced.

(3) Where a person desires to appeal as in paragraph ( b ) of subsection (1) of this section provided, he shall apply for leave to appeal by causing the application to be delivered to the Registrar of the District Court in which the applicant had been sentenced, within ten days of the date upon which sentence was pronounced.

(4) The provisions of subsection (4) of section 132 of this Law shall apply, mutatis mutandis, to notices of appeal and applications for leave to appeal under this section.

Extension 134. Except in the case of a conviction involving of time of noticeof sentence of death, the time within which notice of appeal appeatetc. or application for leave to appeal may be given may, on

good cause shown, be extended at any time by the Supreme 12 of6 / 53

Court.

*weal plea of after

guilty. 135. A person who has been convicted and sentenced by

any Court upon a plea of guilty shall only be entitled to apply for leave to appeal to the Supreme Court--

(a) against sentence unless the sentence is one fixed by Law ;

(b) against conviction on the ground that the facts alleged in the charge or information to which he pleaded guilty did not disclose anv offence.

Noappeal

wpsinst impnson- ment in

636. No appeal OF application for leave to appeal shall lie where a person has been adjudged to undergo imprisonment for failure to comply with an order for the payment of any penalty or other money, for finding sureties, for entering into any recognisance or for giving any security.

certain cases.


Appeal by Attorney- 137. (1) The Attorney-General may-

. (a) appeal or sanction an appeal from any judgment of acquittal by a District Court on any of the following grounds :-

(i) that there was no evidence on which the Court could reasonably find a fact or facts necessary to support such judgment ;

(ii) that evidence was wrongly admitted or excluded ;

(iii) that the law was wrongly applied to the facts ;

(iv) that there has been somv irregularity of procedure ;

( b ) appeal or sanction an appeal from any judgment of a District Court on the ground that the sentence was insufficient.

(2) An appeal under this section shall be made by causing notice of appeal to be delivered to the Registrar of the District Court against the judgment of which the appeal is made within fourteen days of the date on which the judgment was delivered.

(3) Every notice of appeal under this section shall be in the prescribed form ; it shall be signed by the Attorney- General or by such person as he may authorise in that behalf and shall set out in full the grounds on which it is founded.

138. Every notice of appeal and every application for ~ ~ & ~ e ~ n n d leave to appeal shall- of applica-

tion for leave to appeal. (a) be in the prescribed form ;

(b) be signed by the appellant or his advocate ; * (c) set out in full the grounds on which it is founded ;

* : (d) name an address within the municipal limits of the principal town in the district in which he was tried where all notices, summonses, orders and other written communications may be left for him,

and no notice of appeal or application for leave to appeal shall be valid unless it complies with the requirements of this sect ion ~

- ._

CAP. 155.1 CRIMINAL PROCEDURE. _____I___---

60

Procedureon receipt of noticeof, orapplica-

to, appeal.

-

139. (I) Upon receipt of a notice of appeal or of an application for leave to appeal from a judgment of an Assize Court, the Chief Registrar shall file the same and shall forthwith request the President of the Assize Court to transmit to him the documents and exhibits specified in subsection (3) of this section.

(2) Upon receipt of a notice of appeal or an application for leave to appeal from a judgment of a member of a District Court, the Registrar of the District Court shall file the same and shall, forthwith, transmit to the Chief Registrar the documents and exhibits specified in subsection (3) of this section.

(3) The documents and exhibits to be transmitted as in subsections (1) and (2) of this section provided shall be the following :-

(a) the information or charge, as the case may be ; (b) the notes of evidence ; (c) any statement which may have been made by the

appellant or applicant before the Court ;

tion for Ieave

6 13 53. (4 4

I (d) the judgment of the Court ;

I Procedurc 41e (I) HI; the case of an application for leave to appeal,

proceedings. after he has received the file of proceedings, present the same l o a Judge of the Supmm Court sitting in chamber<, (in case of ail appeal from a judgment of an Assize Court, not being the Judge who presided at the trial) for con- sidelation of, and decision on , the application.

on r-ceipt of file of I the Chief Registrar shall, as S Q Q ~ as conveniently may be

(e) all documents which may have been put in evidence of which the Court has the custody or certified copies of any of them of which the Court has not the custody ;

(f) such exhibits, other than documents, as may be conveniently forwarded ;

(g) where the appeal is from a judgment of a member of a District Court, the notice of appeal or the application for leave to appeal, as the case may be.

(4) The documents and exhibits specified in subsection ( 3 ) together with the notice of appeal or the application for leave to appeal wider subsection (I) of this section shall constitute the file of the proceediogs (in thil; part referred to as ' I the file of proceedings '7.

13 (6) of 6 153

~ ~ ~ _ _ -

C'RIMI N AL. PROCED UKE. [CAP. 155. 61 I

(2) The Judge of the Supreme Court, after perusing the t;5$-?of file of proceedings, may-

(a) refuse leave to appeal ; ( b ) fix a date for the applicant or his advocate to

appear before him and show cause why leave to appeal should be granted. The Judge of the Supreme Court, on the date so fixed, shall hear the applicant or his advocate ex parte and shall either refuse or grant leave to appeal;

( c ) grant leave to appeal on all or any of the grounds set out in the application for leave to appeal as may be specified in such leave or on the ground that a substantial miscarriage of justice has occurred, even though such miscarriage of justice is not set out as a ground of appeal in the application for leave to appeal : Provided that, if leave to appeal is granted 011 the ground that substantial miscarriage of justice has occurred and such ground is not specified in the grounds of appeal, the Judge granting leave shall specify the reasons on which such ground is founded.

(3 ) \$'here, in the opinion of the Judge of the Supreme Court who refuses leave to appeal, the application for such leave was frivolous, he may order the sentence of im- prisonrnent prbnouiiced by the trial Court to commence to run from the date of such refusal notwithstanding that the prisoner has, in the meantime, been in prison.

application for leave to appeal shall be recorded by him in the file of proceedings and shall be final and conclusive and shall be communicated by the Chief Registrar to the applicant or his advocate ancl, where leave to appeal is refused and the applicant is in prison, to charge of the prison for communication to

(4) Every order of a Judge of the Supreme Court on an $5:) 01

) The Chief Registrar sbal!, as soon as con- F& of heaxing of

veniently may be after the delivery or the receipt of a appeal and n ~ t i c e of appeal or after leave to appeal has been granted, as the case may be- thereof.

15 of6/53. (.> fix the time for the hearing of the appeal; (b ) give notice thereof in the case of a private prose-

cution t o the prosecutor or his advocate and in ever;. other case to the Attorney-General;

62 CAP. 155.1 CRIMINAL PROCEDURE. -

(c) transmit to the officer in charge of the police of the district within which is situate the place named by the appellant as an address for the service of notices, a notice in ~ t i n g of the time so fixed to be served on the appellant as in subsection (2) of this section provided.

2 of 28/56.

Abandon- ment of appeal or application for leave to appeal.

Procedure on hearing the appeal.

(2) Service of the notice as in paragraph (c) of subsection (1) of this section provided s h d be effected by a police officer or by an officer of a Court or by such other person as a Judge of the Supreme Court may direct by serving such notice on the appellant or by leaving the same at the appellant's address for service and a certificate of such service under the hand of such officer or person shall be evidence that the notice has been duly served.

(3) If it appears to the Chief Registrar that any notice of appeal against a conviction, purporting to be on a ground of appeal which involves a question of law alone, does not show any substantial ground of appeal, the Chief Registrar may, instead of proceeding as in subsection (I) of this section provided, refer the appeal to the Supreme Court for summary determination, and, where the case is so referred, the Supreme Court may, if they consider that the appeal is frivolous or vexatious, and can be determined without adjourning the same for a full hearing, dismiss the appeal summarily, without calling on any persons to attend the hearing or to appear for the Attorney- General thereon.

142. An appellant oi- applicant may abandon his appeal or application by giving notice of such abandonment to the Chief Registrar and, on such notice being received by the Chief Registrar, the appeal or application, as the case may be, shall be deemed to have been dismissed by the Supreme Court.

143. (1) An appellant, notwithstanding that he is in custody, shall be entitled to be present at the hearing of the appeal if he has expressed such desire in his notice of, or application for leave to, appeal.

(2) When the appeal comes on for hearing, the appellant or his advocate shall be first heard in support of the appeal and then the respondent or his advocate, if present, shall be heard against it.

(3) If the appellant or his advocate does not appear to support his appeal, the Court shall consider the appeal


and may make such order thereon as it may deem fit. (4) If, at the hearing of an appeal, the respondent

or his advocate is not present, the Court shall not make any order to his prejudice, unless satisfied that he had notice of the date fixed for the hearing of the appeal.

(5) When an appeal is presented against an acquittal, a warrant may be issued out of the Supreme Court directing that the accused be arrested and brought before it and may commit him to prison pending the disposal of the appeal or admit him to bail.

144. The Supreme Court shall hear and determine the supreme court not to

party except on grounds

appeal only on the grounds set out in the notice of appeal hear any or the order granting leave to appeal :

Provided that the provisions of this section shall not ofappeal. apply where, on the hearing of the appeal, the Supreme Court is of opinion that a substantial miscarriage of justice has occurred.

145. (1) In determining an appeal against conviction, IJowersof Supreme the Supreme Court, subject to the provisions of section 153 courtin

appe8l.9. of this Law, may- determining

(a) dismiss the appeal ; (b ) allow the appeal and quash the conviction if it

thinks that the conviction should be set aside . on the ground that it was, having regard

to the evidence adduced, unreasonable or that the judgment of the trial Court should be set aside on the ground of a wrong decision on any question of law or on the ground that there was a substantial miscarriage of justice :

Provided that the Supreme Court, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, sh dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred ;

(c) set aside the conviction and convict the appellant of any offence of which he might have been convicted by the trial Court on the evidence which has been adduced and sentence him accordingly ;

( d ) order a new trial before the Court which passed

-__ 64 CAP. 155.1 CRIMINAL PROCEDURE.

sentence or before any other Court having jurisdiction in the matter.

(2 ) In determining an appeal against sentence, the Supreme Court may increase, reduce or modify the sentence.

(3) In determining an appeal by or with the sanction of the Attorney-General-

(a) from a judgment of acquittal, the Supreme Court may-

(i) set aside such judgment and convict and sentence the accused of any offence of which he might have been convicted on the evidence which has been adduced;

(ii) direct that further inquiry be made or that the accused be re-tried ;

(iii) dismiss the appeal ; (b ) from a judgment on the ground that the sentence

was insufficient the Supreme Court may- (i) increase the sentence ; (ii) dismiss the appeal.

Supplemen-

of Supreme

appeal.

646. During the hearing of an appeal and at any stage thereof, before final judgment, the Supreme Court, subject

(g) call upon the trial Court to furnish any information the Supreme Court may think necessary beyond that which is furnished by the file of proceedings ;

( b ) hear further evidence and reserve judgment until such further evidence has been heard ;

(c) receive evidence wrongfully excluded by the trial Court where it is of opinion that, if such evidence had not been excluded, it would have affected a finding of fact made by such Court which was material to the case and, upon receiving such evidence, make such finding of fact as in its opinion should have been made by tde trial Court, if such evidence had not been excluded :

( d ) where it is of opinion that evidence was wrongfdly admitted by the trial Court, make such finding of fact as in its opinion should have been

tary powers

heanng of during to the provisions of section 153 of this Law may--

CRIMINAL PROCEDURE. [GAP. 155. 65

made by such Court, if such evidence Rad not been admitted;

(e) where the appeal is from a judgment of a member of a District C o u r t i (i) order further evidence to be taken either

generally or on some particular point before the District Court which passed sentence ;

(ii) if it considers that the evidence which has been adduced justifies the filing of an information for any offence not triable by a District Court, direct an information to be filed against the appellant for such offence before an Assize Court at the next sitting thereof and upon such direction the trial of the appellant before the Assize Court shall take place in the same manner as if he had been committed for trial for the offence by a Judge in a preliminary inquiry and, in every such case, the statements of the witnesses contained in the notes of the trial Court shall be deemed to be depositions for all purposes of the case.

147. (I) Unless the Supreme Court otherwise orders, I*oweI i a sentence of imprisonment shall commence fro111 tEne date of the j udgnient of the Supreme Court determining cotll 7?e e-

(2) If the appeal is allowed and the conviction quashed, ~ e n t ~ ~ ~ ~ 6~'"

.nent <,r the appeal. -' SUSP-~IA.~ (If

the appellant shall forthwith be set xt liberty and any penalty, if already paid, shall be refunded.

(3) Subject to the provisions in subsections (1) and (2) of this section, the Supreme Court may make such order and issue such directions in respect of further proceedings an of the custody of the appellant or his release on baas1 ension of the payment of any

ty as it may dee

~ & s ~ ~ ~ ~ ~ Q ~ of pestions I$ law and statilag case ~ Q Y st4preme Cs?Art*

ny Court exercising criminal jur is pon application by the Attorney-G

ngs, reserve a any person for

O.---EIB

66 CAP. 155.1 CRIMINAL PKOCEDUKli.

(2) In every such case the President of the Assize Court or the trial Judge, as the case may be, shall make a record of the question reserved with the circumstances upon which the same has arisen and shall transmit a COPY thereof to the Chief Registrar.

(3) The Supreme Court shall consider and determine the question reserved and may-

(a) if the Court has convicted the accubed- (i) confirm the conviction ; (ii) quash the conviction, in which case the

accused shall be acquitted ; (iii) direct that the judgment of the Court

sh;:II be set aside and that, instead thereof, judgment shall be given by the Court as ought to have been given at the trial ;

( / ) I 11 thc. Court has not delivered its judgment, remit tlie case to it with the opinion of the Supreme Court upon the question resenred.

Stating case

opinion of Supreme

149. (1) The Attorney-Gencral and any party dissatisfied with the decision ok a Judge exercising summary criminal jurisdiction as being erroneous on, a point of law or as being in cxcess of tlie jurisdiction or of the powers of the Judge may, within tlic time set out in subsection (7) of this section, applv in ijriting to the Judge who gave the decision t u stat(% a cas(. setting forth the facts and grounds of such decision for the opinion of the Supreme L <

Court. (2) If the Judge 'Dcl of opinion that the application

is frivolous, he may iefuse to state a case but, in any such 'case, he sliall, on the request of the applicant, sign and deliver to him a certificate of such refusal:

Provided that the Judge shall not refuse to state a case where application lor that purpose is made by the At torney-G eneral.

(3 ) &Were a Judge refuses to state a case, it shall be lawfuP for the applicant to apply to the Supreme Court upon an affidavit of the facts for a rule calling upon such Judge and also upon the other party to the proceedings to show cause wlry such case should not be stated and the Supreme Court may make such rule absolute or discharge it and the Jlidge, upon being served with such rulc. absohte, shall s t a l t a case accordingly.

by Judgefor

Court.

67 -I

CRIMINAL PROCEDURE. [CAP. 155.

(4) A case stated shall be in such form as may be prescribed; it shall be signed by the Judge and shall be left with the Registrar of the Court within fourteen days after the date of the application therefor or of the service of a rule absolute as in subsection (3) of this section provided.

(5) The applicant shall within ten days from the expiration of the period mentioned in subsection (4) of this section, call for the case stated and transmit the same to the Chief Registrar and shall, within the same time, give notice thereof in writing signed by him or his advocate to ,

Generral.

munication given or issued for any of the purposes of this Part of this Law shall, if left at the address named by any I l h b I I L P ~ .

150. Any notice, summons, order or other written com- N ~ ~ ~ ~ , ~ + ~ .

68 CAP. 15ES.J C I I I I Z U N ~ ~ L PROCEDURE.

person in accordance with the provisions of this Part of this Law, be deemed to have been received and to have come to the knowiedge of such person.

151. (I) The Supreme Court shall have power in all proceedings under this Part to award such costs to be paid by or to the parties thereto as it may thiink fit :

Provided khat no such an order shall be made against a Law Officer. (2) Any costs awarded under this section shall be re-

coverable in the manner provided for the recovery of penalties under the pIovisions of this Law.

C o s t s on appeal.

Judgmentto

book, etc.

152. Every judgment or order o f the Supreme Court made undcr this Part of this Law shall be drawn up and entered in a book to be kept for that purpose ; it shall be signed l ~ y one of the Judges of the Supreme Court and a copy thereof certified by the Chief Kegistrar to be a true copy shall be attached by him to the file of €he proceedings.

be entered in

Nojudgment to be

reversedon on

form or matter Of variance, unless objection taken at trial.

153. K O judgment, finding, sentence or order of a trial Court shall be re\.crsed or altered on appeal on account of any objection to anv charge, information, summons 01' wiriant for m y al~egect defect therein in any matter wlicther of sul~~, tar icc or form unless such objection was raised bcfore the Court nhoxc. decision is appealed from, nor for any 1,ariaiic.e 1)t.t w c n such charge, information, summons or warrant ant1 the evidence adduced in support thereof unilcss such objection W;ES similarly raised and the trial Court, ~iotwitlistaiidin~ that it was shown that by such variance the appellant had been deceived or misled, refused t~ adjourn tiicl hearing of the case :

Provided that, if the appellant was not represented by an advocate at the hearing before the trial Court, the Supreme Court may allow airy such objection to be raised.

point of

PART VI. SUPPLEMENTARY PROVISIONS.

(;eiiurPi poi txys o j Atloniey-Ge~ieml ha crimiPza2 proceedings. 154" (I) In any ciimirial proceedings and at any stage

thereof before jendgrnenl the Attorney-General may enter a nolk p~'oserjui , either by stating in Court or informing the Court in writing &.i the Crown intends that the pro- cecdings shale911 not contlnlae and thereupon the accused shall

Nolle

In criminal cases.

prosequi


be at once discharged in respect of the charge or information for which the nolle prosequi is entered.

(2) When a nolle prosequi is entered, if the accused has been committed to prison, he shall be released, or if on bail the bail bond shall be discharged, and, where the accused is not before the Court when such nolle prosequi is entered, the Registrar or other proper officer of the Court shall, if the accused is in custody, cause notice in writing of the entry of such nolle $rosequi to be given forthwith to the person having custody of the accused and such notice shall be sufficient authority to discharge the accused in respect of the charge or information for which the nolle @osqui is entered or, if the accused is not in custody, shall cause such notice in writing to be given forthwith to the accused and his sureties, if any, and shall, in every case, cause a similar notice in writing to be given to any witnesses bound over to appear.

(3) Where a nolle Prosequi is entered in accordance with the provisions of this section, the discharge of an accused person shall not operate as ;I bar to any subsequent proceedings against him for the same offence or on account of the same facts.

155. Whenever any person shall have been committed

befixe such trial, direct that the original depositions be remitted to the Court in which the accused had been so committed and, thereupon, the Court shall carry out such further inquiry and take such further depositions as may be necessary as if such committal had not been made ;

(b) if he is of opinion that the case may suitably 16 0 jsp3 . be dealt with summarily under the powers possessed by a Court of summary jurisdiction, direct that such case be tried and determined by any such Court, notwithstanding that such offence could not otherwise be triable by such court.

for trial on infoKmation, the Attorney-General may- General to (a) if he is of opinion that further inquiry is necessary lowerhurt. remit case to

156. With the exception of the power to appeal from Delegation

any judgment of acquittal by any District Court under Attorney- of powers by

the provisions of section 137 of this Law, the Attorney- Gened. General may by writing under his hand or by notice in


Release on bail. 17 of 6/53.

Bail bond.

the Gazette delegate all or any of the other powers vested in him under this Law to the Solicitor-General or a Crown Counsel, and the exercise of any such powers by the Solicitor-General or a Crown Counsel shall then operate as if such powers had been exercised by the Attorney- General.

Bail and recognisances. 157. (1) Subject' to the provisions of subsection (2)

of this section, any Court exercising criminal jurisdiction may, if it thinks proper, at any stage of the proceedings, release on bail any person charged or convicted of any offence, upon the execution by such person of a bail bond as in this Law provided.

(2) In no case a person upon whom sentence of death has been passed shall be released on bail; and no person charged of any offence punishable with death shall be released on bail, except by an order of a Judge of the Supreme Court.

158. (1) Every bail bond shall be in the prescribed form and shall contain an acknowledgment on the part of the person entering into the same that he owes to Her Majesty the Queen, Her Heirs and Successors the sum of money therein specified, conditioned that such bond shall be void if such person shall attend at the time and place mentioned in the bond and shall continue so to attend untiI otherwise directed by the Court.

(2) The Court may require any bail bond to be executed with or without sureties.

(3) Where a person is required to execute a bail bond with or without sureties, he may be permitted to deposit with the Department of the' !&countant-General a sum of money to such an amount as may be fixed by the Court in lieu of executing such bond.

Power to 159. If the Court by which a person has been released and to order on bail is satisfied that for any reason the amount should sufficient be increasdd, or that the sureties are or have become

insufficient, it may issue a warrant of arrest directing that the person released on bail be brought before it 'and may order him to sign a new bond for a bigger amount or order him to find sufficient sureties and, on his failing to do so, may commit him to prison.

increase bail

sureties.

I CRIMINAL PROCEDURE. [CAP. 155. 71

460. If it is made to appear to a Court by information Personon on oath that any person released on bail is about to leave bail about to

the Colony, the Court may cause him to be arrested and Colony. commit him to prison until his trial or preliminary inquiry, as the case may be, unless the Court shall see fit to admit him again to bail upon further bail.

161. As soon as the bail bond has been executed the Releaseof person admitted to bail shall be released and, if he is in prison, the Court admitting him to bail shall issue a warrant warrant of of deliverance requiring the officer in charge of the prison deliverance- to release the person so admitted to bail and such officer, on receipt of such warrant of deliverance, shall release him forthwith :

Provided that nothing in this section Qr section 157 of this Law shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bail bond was executed.

162. (1) The surety or sureties on a bail bond may, Dischargeof at any time, apply to the Court to discharge the bond sureties. either wholly or so far as it reiates to the applicant or applican t s.

(2) On such application being made, unless the person released sooner surrenders himself, the Court shall issue a warrant of arrest directing that such person be brought before it.

(3) On the appearance of such person on his voluntary surrender or pursuant to the warrant, the Court shall direct the bond to be discharged either wholly or so far as it relates to all or any of the applicants and shall call upon such person to find other sufficient sureties and, if he fails to do so. may commit him to prison.

is forfeited, his estate shall be discharged from all liability in respect of the bail bond, but the Court by whose order the bail bond was given may require the person released on such bond to find a new surety or commit such person t o prison.

163. If a surety of a bail bond dies before the bond Deathof surety.

164. (1) If the condition of any bail bond be not Forfeiture of bail bond complied with, the Court in or before which such condition and p r ~ -

ought to be performed may endorse thereon a certificate cedure setting forth that such condition has not been performed thereon.


and, thereupon, if the amount of the bond is not paid within six days after an order and notice to do so has been given to the person affected and no sufficient cause has been shown for such failure within the aforesaid time, the amount of the bond shall be recoverable from the person or persons bound under the bond, in the same manlier as penalties are recovered under the provisions of this Law. (2) The Court in or before which the condition of a bond

ought to be performed may remit any part of the amount thereof and enforce payment in part only.

certainpro-

apply WOP-

165. The provisions of sections 158 to 1.64 of this Law, both inclusive, shall apply mutatis mutandis to any recognisance entered into by any person, under the provisions of this Law or for keeping the peace and for being of good behaviour or conditioned that he shall appear and receive judgment at some future sitting of the Court or when called upon for any other matter under the provisions of any other enactment in force for the time being:

Provided that, in case of forfeiture of a recognisance conditioned as hereinbefore provided, nothing in section 164 contained shall prevent the Court from passing any other sentence as to the Court may seem fit to meet the circuni- stances of the case and which the Court is empowered to impose.

visions to

SaUCeS.

Costs and restitution. Costs, how to be paid.

166. (1) The costs of every public prosecution 4ia11, in the first instance, he paid out of public revenue.

(2) Every order for the payment of costs shall be made out by an officer of the Court and shall be dclivereci to the person entitled thereto.

(3) Every order €or the payment of costs out of public revenue shall be addressed to the Commissioner of the district in which the trial is held and every order so addressed shall be sufficient authority for every such Commiissioaer and for every person acting as treasurer for the district under the orders of the Commissioner, or otherwise to pay the sum mentioned in the said order. And every such Commissioner and other person as aforesaid shall, upori presentation of such order, pay the money mentioned therein to the person named in the order or anyone duly authorised to receive the same on his behalf.


167. The Court before which any information is tried -of may direct that the costs of such of the witnesses called defence. for the defence as were bound by recognisance to give evidence on the part of the accused shall be paid out of public revenue.

witnesses for

. Whenever a person is convicted of any offence, payment of costs by the Court may order him to pay the costs of the prose- accused.

cution in addition to any other sentence which may be passed upon him and in the case of public prosecutions such costs shall, when recovered, be paid into public revenue.

9. If in a summary trial the accused is acquitted the Awardof costs to

Court may order any person by whom in its opinion the accused. charge was preferred, or any person whom it may consider responsible for having procured the same, to pay to the accused his costs.

170. (1) Subject to the provisions of subsection (2) of this Disposal of property in section, where any property has come into the possession

of the police in connection with any criminal proceedings, police. the Court may, on application either by a police officer or by a claimant of the property, make an order for the delivery of the property to the person appearing to the Court to be the owner thereof or, if the owner cannot be ascertained, make such order with respect to the property as to the Conrt may seem fit.

(2) An order under this section shall not affect the right of any person to take within six months from the date of the order legal proceedings against any person in possession of property delivered by virtue of the order for the recovery of the property, but on the expiration of those six months the right shall cease.

which any other person has been deprived of any property whatever, the Court may order that such property or any part thereof be restored to the person who appears to it to be the owner thereof, either without payment or on payment by such owner to the person in whose possession such property or a part thereof then is, of anv sum named in such order :

of

171. Where any person is convicted of any offence by Restitution of property.

Provided that this section shall not apply to- (a) any valuable security which has been bona $de


paid or discharged by any person liable to.pay or discharge the same ;

(b) any negotiable instrument which shall have been bona $de received by transfer or delivery by any person for a just and valuable consideration without notice or without any reasonable cause to suspect that it had been stolen or otherwise feloniously taken ;

(c) any goods or documents of title entrusted to, or under the control of, by documents of title or otherwise, any trustee, banker, merchant, attorney, factor, broker or other agent convicted as such of any offence in respect of the same ;

(d ) any movable property purchased in good faith in an open market from a person dealing in such market in this kind of property or in any shop where property of the same kind as the one in question is usually sold and from the person usually in charge thereof.

172. (1) Whenever a person is convicted of an offence attended by criminal forc4 and it appears to the Court that by such force any person has been dispossessed of any immovable property the Court may, if it thinks fit, order the possession of the same to be restored to such person.

(2) No such order shall prejudice any right or interest to or in such immovable property which any person including the person convicted, may be able to establish i n w v i l action.

of possession of immovable property.

\\

Miscellaneous. 173. (1) In criminal proceedings, the Judge or, where the

Court consists of more than one Judge, the presiding Judge or by his direction any other Judge constituting such Court, shall take down in writing the minutes of the proceedings and the notes of evidence which shall be signed by him and shall be preserved as record of the Court:

Provided that, save as provided by sections 96 and 97 of this Law, if the Court so directs, such minutes and notes may be taken down in shorthand and a transcript of such shorthand notes shall be deemed to be the record of the Court.

Notes of evidence.


(2) Any minutes of proceedings or notes of evidence constituting the record of the Court, as in this section provided, or a copy thereof purporting to be signed and certified as a true copy by the Registrar of the Court shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses.

174. (1) Whenever, upon application as hereinafter pro- Change of place of vided, it is made to appear to the Supreme Court- trial.

(a) that a fair and impartial preliminary inquiry or trial cannot be held in any Court ;

( b ) that some question of law of unusual tlifticulty is likely to arise ;

(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into, or trial o f . the same ;

(d ) that an order under this section will tend to the general convenience of the parties or witnesses ;

(e) that such an order is expedient for the ends of j us t ice,

it may order that the preliminary inquiry or trial be held by or before a Court other than the Court before which, but for such order, it would have been held.

(2) Every application for the exercise of the powers conferred by this section shall be made by motion which shall, except when the application is made’by or on behalf of the L4ttorney-General, be supported by affidavit.

(3) When an accused makes an application under this section, the Supreme Court may, if it thinks fit, direct him to execute a bond with or without sureties conditioned that he will, if convicted, pay the costs of the prosecution.

(4) Every accused making any such application shall give to the Attorney-General notice in writing of the application, together with a copy of the affidavit and no final order shall be made on the application, unless such notice and affidavit are served at least twenty-four hours before the hearing of the application.

175. At every preliminary inquiry ar?d at e\.ery trial, General the Court shall have power in its discretion to regulate the course of the proceedings in any way which may appear regulate. desirable and which is not inconsistent with the provisions proceedings. of this Law.

power of courts to

76 CAP. I%.] CRIMINAL PROCEDURE. Rules of 176. The Governor may, with the advice and assistance of

the Chief Justice, make Rules of Court to be published in the Gazette for the better carrying out of this Law into effect and particularly and without prejudice to the generality of the powers hereby conferred, such Rules may be made in respect of all or any of the following matters -

(a) all matters stated or required in this Law to be prescribed :

(b) the forms to be used for any matter or proceeding had or taken under the provisions of this Law and the fees payable in respect of any such matter or proceeding :

court.

Provided that, until such Rules are made- (a) any matter or proceeding had or taken under this

Law shall be regulated by the Rules of Court relating to such matter or proceeding (including any Rules prescribing the fees payable in respect of any such matter or proceeding) made under any of the enactments repealed by this Law* and in force on the date of the coming into operation of this Law ;

(b) any forms set out in any of the enactments hereby repealed shall continue to be used for any matter or proceeding had or taken under the provisions of this Law,

and such Rules and forms may be applied or used with such deviations, alterations or adaptations as may be necessary to carry into effect the provisions of this Law.

_.

*For enactments repealed by this Law see 1948 Vol. 1, 208.

CRIMINAL PROCEDURE LAW. [CAP. 1155. 77 ___ --_____

INDEX.

absence of accused,

evidence on the, in summary trials heaving in, when he misconducts

appellant, Court to consider appeal

. .

. . his attendance dispensed with . . . .

. . on perniission by Court . . . .

prosecutor, in summary trials . . . . respondent in appeals . . . . .. witness, a warrant may issue . . ~.

his deposition may be read in evidence

accused absence of, hearing in . . . . . . appeal by, (see appeals) . . . . . . appearance of,. . . . . . . . . . assignment of advocate to, . . . . . .

preliminary inquiry . . . . . . summary trial . . . . .. . . trials generally . . . . .. . . dispensed with, when . . . . . .

charge, description of, in . . . . . . objection to by, . . . . .. . .

attendance of, a t delivery of judgment . .

bail of, (see bail)

pleading to, by, . . . . . . .. to be read and explained to, at preliminary inquiry

and at trial . . . . .. .. . . to be supplied with copy of . . . . . .

committal of, for trial .. .. . . . .

conviction of (see conviction) co~’y of, charge or information ‘to be supplied to, . .

position, to be supplied to . . . . . . .: .itlgment, to be supplied to . . . . . .

cost, payment of, by accused . . . . . . cross-examination of,. . . . . . . . . . discharge of. a t preliminary inquiry . . . .

on acquittal. . . . . . . . . evidence of, at preliminary inquiry.

trial . . . . . . . . . . . . . . to be taken in presence of, at preliminary inquiry

insanitv of . . . . . . . . . . . .

consent of, for trial by Assizes then in session, on

. . . . . . ..

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

..

..

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

..

. .

. .

. .

. .

. .

. .

Section Page

89(1) . . 41 63(2j . . 33 45(1) pr. 26 63(3) .. 33

.. 89(2) . . 42

50(1) .. 28 98 . . 46

89(1) . . 41

89(2) . . 42 64 . . 33

112(2) . . 51

. , 41.42 63 . , 45(f) pr.

38(u) . . 66 . . 62 . .

62 . . 93(a) . . 62 pr . . 93(i) . . 93(i) . .

6 2 p r . . 102 . . 115 . .

. . 74(c) . . 93(h) . .

. . 77(4) . .

. . 93(c) &. (d) . .

. . 71(c) & ( d ) . . 93(6) . . 70 . , 79 . . motionin arrest of judgment by . . . . . .

objecting by, to charge or infornlation . . . .

period for which he may be remanded . : .. .. pleas by, . . . .

special by, . . .. . . .. . . .. . . pleading to charge of previous conviction by, . . . . presence of, at hearing of appeal . . ..

preliminary inquiry . . . . during trial . . . . . . . . . . at delivery of judgment . . . . . . . . . . at the view on locus in quo . . . . . . . .

of, to be recorded by committing Judge . . . . liminary inquiry . . . . . . . . ..

convicted or acquitted at trial . . . . . . . .

outstanding offences of, to be taken into consideration on .. . . . . . . application of, . . ..

. . .. . . . . . .

. . . . . . . . . .

. . . .

statement by. to police, admissible if voluntary . . . .

to be asked whether he adduces evidence, and at pre-

. .

. . 66 . .

81 . . 48pr. .. 67 . . 69 . . 71 . .

9 3 . . 63 . . 87(2) . .

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112(2) . .

5(3) . . 93(d) . .

93(e) . . 47 . .

33 26

22 34 32 42 32 33 44 44

33 49 52

37 44 38 43 37 42 35

34

39 28 34 34 35

42 33 51 4 1 2

38

I

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Idi 27

- 78 . 155.1 CRlMINAL PROCEDURE LAW.

acquittal appeals from, . . .. . . . . . .

m e s t on, of, .. . . . . . . . . at the conclusion of hearing

trial, or conviction .. . . . . . . discharge of accused on, . . . . . . . . plea of previous, . . .. . . . . . . withdrawal of charge when not, . . .. ,.

. .

addilronal witnesses in trial on information . . .. .. ,.

address at hearing, by accused that no prima facie case . .

on opening the case and at its close by Law Officer . . .. . . . . . .

preliminary inquiry . . ,. . . . .

by appellant in support of appeal . . . . respondent . . . . . . . . . .

for service to be given by appellant . . . .

. . ..

in appeals

adjournment, generally . . . . .. . . .. when variance between facts proved and statement of

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witness to attend adjourned hearing . . ..

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advocate assignment of, by Court

affirmation form of, . . . . . . in lieu of oath by witness . .

alteration of charge or information . .

procedure on, . . . .

alternative charges, when allowed in charges

information . . . . . .

amendment of charge or information

amount increase of, in bail bond recovery of, of bail bond to be k e d in bail bond

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answer of accused, at preliminary inquiry to te recorded . . refusal of accused to, to charge . . .. . .

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Section

137(l)(a) 143(5) . 77 .. 47 . . 77(4) . .

)(b) ..

11 ..

7412) .. 74(2) . . 7412)pr 9 3 w . . 43(2) .. 43(2) . . 38(4 . .

48 . . 82 . . 51 . .

64

55(1) * . 55(1) . .

78 ..

83 . . 84 . .

39(4 . . 109(c) . .

83(1) . .

159 .. 164 .. 15811) . .

9314 . . 68(3) . .

Page

59 63 37 27 38 34 42

50

37 37 37 44

62 62 59

27

39 29

33

30 30

3s

39 40

23 50

39

70 71 70

43 34

CR1MINAL PROCEDURE LA W . [CAP. 155. 79 -

appeal abandonment of, . . . . . . . . . . according to Law . . . . . . after plea of guilty . . . . . . . . . . against order for evidence by commission . . . .

arrest of accused on. from acquittal . . . . by Attorney-General . . . . . .

on receiving file of proceedings . . . . .. conviction for another offence on, . . . . . . custody of appellant pending, . . . . . . date for hearing of, fixing of . . . . . . evidence, new, on, . . . . . . from acquittal . . .. . . . . . .

Assize Court against conviction . . . . . .

sentence . . . . . . . . . . . . District Court against conviction . . . .

sentence . . . . . . . .

procedure a t . . . . . . . . . .

. . . .

application for leave to, abandonment of . . . .

refractory witness, committed to prison. . . . Chief Registrar's duty on receiving notice of appeal

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. . . . Iicaring of, on ground, set out in notice, etc. . .

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judgment not to be altered on point of form or inatter oi variance

. . . . not objected a t the trial . . iirw trial, order for, on, . . . . . . no, against imprisonment in certain cases . . iiotice of, application for leave to . . . .

procedure on receipt of . . . . . .

as to sentence . . . . . . . . in determining . . . . . . . . supplementary . . . . . . . .

time allowed for, extension of . . . . on, by Attorney-General . .

from Assize Court . . . . . . District Court . . . . . .

procedure on receiving file of proceediiigs in,

powers of Supreme Court on,

. . . .

with regard to questions of fact . . . . of law .. .. .. .. ..

appearance by corporation . . . . . . . .

of prosecutor . . .. .. . . of appellant .. .. . . . . of respondent . . . . .. . .

process to compel, of accused . . . . witness . . .. .. . . . .

failure of, by accused in summary trials . .

appellant in the absence of, Court to consider appeal' release of, on bail . . . . . . . . to be heard first on appeal . . .. . .

present at the hearing of appeal . . . .

application by accused for change of place of trial . .

Attorney-General . . . . . . . .

in appeal from Assize Court . . . . District Court . . . . . . . .

procedure on receipt of, . . . . by surety on bail bonL , . . . . .

for leave to appeal, form of . . . . . .

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Sectiolr Page

142 , . 131(1) , . 135 . . 61 . . .~

142 . . 143(5) . .

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131 .. 141 .. 140 . .

58(3) . .

153 . .

138 .. 139 .. 147 .. 145 . . 146 . . 134 . *

137(21 . .

72 _ . 89(1) . . 89(2) . .

143(3) . . 143(4) . . 44 .. 50 . .

143(3) . . 147(3) . . 143(2) . . 143(1) . .

174 .. 174 . . 138 ..

. . 132(1)(b) & (c)

. . 133 ..

. . 139 . . 162 ..

62 56 58 32 62 63 59 31 61 60 63 65 61 64 59 57

57 57 58 63 62

68 63 58 59 60

65 63 64 58 59 57 58 60 57 57 57 57

35 41 42 62 63 26 26

62 65 62 h2

75 75 59 57 58 60 71

80 . 155.1 CRIMINAL PROCEDURE LAW

mest by directiton of Judge.. . .

police a&er ,. . . how effected . . .. . . without warrant . . .. ..

ividual without warrant . .

rriease of person arrested . . . . . .

dmation of, . I .. .. . . e . X % M t k X l Of, .. . . .. irregularities in, . . .. . . issueof, . . . . .. . . procedureon, . . .. ..

disposal of, . . . . . .

remand, in police custody . .

taken to police station . . . .

search for, fruit of crime . . . . seized to be brought betore Court . .

disposal of, on Court's direction .

e' person outside jurisdiction

warrant of, form and contents

a i m t e d p ~ ? r s ~ n

without warrant . . .. .. . power to release, on bail bond

t u be informed of cause of arrest search of, . . .. ..

. .

articles

Assir(, court appeal from judgmerh o f , (w: appeals)

oxders of, how executed . . .

A itoruey-Gneral a.spealbv, . . _ . . . . case staced by, . . consent: of, necessary for coinrnjttai o l a<:cu:jetl for irinl hy

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. . . . . . Assizes in session . . c,opies of record to be sent to, ~ J U c a m n l i t t d . . delegation of powers of , to Law Officers . . . .

general powers of, . . . . information filed by, . . nolle prosequi by. . . . .

remittal of case by further enquiry . . . . for summary trial . . ..

. . . . . .

. . . . . . . .

. . . . . . matice to, of application fur a change of place of trial

. . . . . . reservation of point of Law, application by, for . .

P ntrefois . " . . . . EiqWft, Qf . .

convict, plea of . . . . . . . . . .

t:yarp any person chuged or convicted may 'be granted, arrest ai person granted, about to leave the colony at any stage of the proceedings . ~ .. . . power to increase and add sureties. . . . releas of person arrested on, . . . . . .

. . warrant of deliverance . . . . . . . .

bail bond (see also recognisance) form and content . . . . . . . . . .

. . . . . . death of surety of a , . . . discharge of surety of a . . . . . . . . forfeiture of . . .. .. . .

p r d u r e on . . .. provisions as to, apply to recognisaaces . . . .

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IQ .. Y, . . 9 .. 14 .. 15 .. 22 .. 23 .. 19 . . 21 .. 20 . . 18 .. 21 ..

19(4] . .

13 . . 17 .. 23 . . 24 . . 10 . . 13 . . 9(3) . .

25 (1 ,) (a) 27 . . 32 . .

I30

137 149

9311) . . I01 .. 156 . .

154 171(.1) 155itrj . . 155(b) . . 148 . .

157(1) . . 159 . . 157(1) .. 159 . . 23 . . 161 . .

158 . . 163 .. 162 . . 164 . . 164 . . 165 . .

pee

13 9 4 11 12 1s 16 14 14 15 15 14 15

11 13 16 16 9 9

11

17 19 21,

j f l

5% 60

14 4h 00 68 69 5 0 4 s 75 69 69 65

34 34

70 70 70 70 It! 71

70 71 71 71 71 72

CRIMINAL PROCEDURE LAW. [CAP. 155. 81

bench warrant may be issued at any time after the filing of a charge provisions applicable to, . . .. .. . .

conditional, of witnesses . . . . .. .. of witnesses generally . . . . .. . .

of a house with purpose of liberation . . ..

by Attorney-General . . .. .. .. . . party dissatisfied with judgment . . ..

form of, .. .. .. .. .. .. powers of Supreme Court in, . . . . .. procedure on application for a, . . .. . . time for application for a, . . . . .. . .

binding over

breaking out

case stated

right of appeal deemed abandoned on application for,

caution by Judge to accused at preliminary inquiry . .

change of Judge at preliminary inquiry . . . . . ,

place of trial . . . . . . . . . .

alteration of, defective . . . . . . . . procedure on . . . . . . . . . . unnecessary if only part d. proved . . . .

counts in, . . .. .. .. .. . .

charge

description of offence in, . falsification of accounts, etc., how stated in, . . intent, how stated in, . . . . . . . . previous conviction, how stated in, . . . .

criminal proceedings, commencing on filing of, . . definition of, . . . . . . . .. . . . . framing of, . . . . . . . . . . . . form of, . . . . . . . . . . . . joinder of counts in, . . . . . . . . . .

powers of Court as regards, . . . . . . joinder of persons in, . . .. . . - . . . parties to offences how charged in, . . . . . . pleading to, . . .. .. . . . . . .

of previous conviction . . . . . . . . presentation of, t o Judge and filing . . . .

refusal of Judge to direct . . . . . . . . procedure on alterations of, . . . . . . . . proof of offence not contained in the, . . . .

part of the offence contained in the, . . . . quashing, . . . . .. .. . . . . variancesin. .. .. .. . . . . . . withdrawal of, .. .. . . . . . .

assistance of, in making Rules . . . . .. Chief Justice

Chief Registrar

Section

. . 44(1) . .

. . +4(2) . .

. . 100 . .

. . 99 . .

. . I . ?

. . 149 ..

. . 149 . .

. . 149(4) . .

. . 149(6) . .

. . 149(2) & (3) 149(8) . . 149(7) . .

‘L3(c) . .

104 . . 1 7 i

83 . . 84 . .

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..

85 . . 39(a) . .

39(2) . . 39(h) . . 39(j) . .

{ c:;t(:\g) : :

37 . . 2 . .

39 . , 38 . . 40 . . 40 . . 41 . . 42 . . 62 . . 71 . . 43 . . 43(2) . . 84 . . 85(4) . . 85(1) . . 86 . . 82 . . 91 . .

176

del icry of notice of, or application for leave to, appeal to 132(2) & (3) procedure in receipt of . . .. .. .. . . 139 . . fixing date of hearing of appeal and notice thereof . . 141 . . notice to, on abandonment of . . .. .. . . 142 ..

frivolous .. .. .. .. . . . . . . 141(3) .. . . 139(2) & (3) . .

reference to Supreme Court of notice of appeal ex facie

transmission of file of proceedings. to . . . . procedure on receipt of . . . . . . . . . . 140 ..

CX-188

Page

26 ‘6

+n 47

10

66 66 67 67 66 67 67

43

49 75

39 40 40 22 22 23 24 24 24 22 5

22 22 24 24 15 25 32 35 25 25 40 40 40 41 39 39

76

57 60 61 62

62 60 60

6

82 CAP. 155.1 CRIMINAL PROCEDURE LAW.

civil remedy

commission (see evidence)

committal for trial

not to be suspended . . . . .

of accused t o Assizes . . corporations, how made . . . .

payment after, .. .. . .

to prison . . .. . . . .

commitment in lieu of warrant of execution . .

period of imprisonment in case of, . .

warrant of, . .

attendance of accused . . . . witness . . .. . .

compelling

conditional

contents

binding over of witnesses

o f bail Lcind . . . . . . . . charge . . information . . . . . . . . judgment .. . . . . . . notice of appeal . . . . . .

. . . . . .

summons . . . . . . . . warrant . . . . . . . .

c , mviction appeal froin, of Assize Court: ..

District Court . . .. . . general. effect of . . .. . .

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. . zf attempt for offence charged . . offence not contained in charge or information..

on alteration of charge or information . . . .

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36 . .

M(i ) . . 95

1241 125

123 128

{E 41 50

100

158 39

109 113 138 45 19

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. . 132(l)(rr) I% (b)

. . 133(l)(a) . .

. . 85(2)

. . 40(3) . . . .

. . 85(4) . .

. . 84 . .

powers of Supreme Court in appeals against conviction . . 145 . quashing (see quashing) 146 . .

previous, charged, pGading to . . . . .. . . 71 . .

copy accused entitled to, of charge or information . . . . 62pr . ..

judgment . . .. .. . . .. .. . . 115 . . of affidavit in support of an application for change of place

deposkion. on payment . . .. .. ,. . . 102 . .

of trial to be given to Attorney-General . . . . 174 . . corporation

appearance by, .. . . . . .. . . committal of, . . . . . . . . . . . . pleading by, . . .. .. service of summons on, how made . .

. . . . . . . . ..

costs award of, to accused . . . . .. . . .. free of, supply of judgment to accused . . .. how to be paid . . . . . . . . . . of appeal

witnesses, to be deposited on issuing o f summons . . .. ,. for defence . . .. order for payment of, of witnesses . . . .. payment of, by accused . . .. ..

counsel address by prosecuting and defending .

Law Officer . . . . . on appeals . . . . .. . . . .

assignment of, by Court to accused . . . .

. . 169 . .

. _ 115 . .

.. 60 . .

49(1) & (2) . . 49(1) 2(b) . .

60 . . 168 . .

. . 74(2) . .

. . 74(2) pr. . .

. . 143 64 ..

22

44 44

54 54 55 54 54 54

26 28

48

70 59 22 50 59 26 14

57 57 24 40 40 40 35 63 63

33 49 52

75

35 45 35 27

73 52 32

28 28 32 73

37 31 61 3:

83 CRIMINAL PROCEDURE LAM.'. [CAP. 155.

count (see also charge, information) . . definition of, . . . . . . . . . .

' court acquittal or conviction by, on trial

at conclusion of hearing . . . . . .

admission to bail by .. . . . . alteration of charge by . . . . . .

procedureon _ . . . .. .. decision of, consisting of more than one judge

in matters of sentence . . .. .. evidence, taking of, by . . .. . .

. .

adjournment and remand in custody by, .

. .

. .

by commission . . .. . . . . .. issue of wanant by, to accused . . . . . .

to witness . . .. t .

to adjourn case . . . .

.. .. . . power of,

.. . . . . assign counsel to accused . . . . . . call or recall witnesses . . .. . . . . commit t o prison refractory witness . . . . issue order requiring attendance of prisont\r . warrants for commitment . . . . levy of penalty . . . . . .

order alteration of charge or information Davment of costs of witnesses ;ei'titution of property possession of property

quash charge or information release on bail . . . . regulate proceedings . . view locus in quo . .

criminal proceedings, definition of

cross-examination . by accused of co-accused . . of accused . . . . . .

witness, by co-accused . . to be confined to relevant facts

custody of persons arrested . . . . release from, . . . . . . remand in police, . . . . remanding in, . . . . . .

defence

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address by accused or his advocate by accused .. . . . . ..

statement by, in, in preliminary inquiries trials . . . . . . . .

witnesses for the, costs of , . . . . . evidence for the: . . . . .. . .

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depositions accused may have copy of, on payment . . COPY of, to be sent to Attorney-General . . definition of, . . . . bowtaken . . . . of witness who is ill . . ..

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. . original of, to be transmitted to Chief Registrar . . when may be read as evidence . . . . . .

6(2)

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Sectiort

30(0)

47 77 48

152 83 84 7 7 w 77(3) 74 93 61 44 50

48 64 54 58 53

123 120 83 60

171 172 86

157 175 87

2

76

57 74U) (4

5 w

17 157 24 48

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74(2) . .

93(d) . . 74 . .

74(l)(c) . . 74(l)(d) . .

167 . .

102 . . 101 . .

96 I .

91 . . 101 . . 98 . .

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22

27 37 27 70 39 40 38 38 36 42 32 26 28

27 33 29 31 29 53 53 39 32 73 74 41 70 75 41

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37 36 43 37 37 73

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34 GAP. a 55 1 ~:Ti?.lM.lNA d. PROCEDURE L 2 4 24,'- i _____. . - - .. . . . .- . . _. .-

Section Page

, :LZy . . . . . . . . . . . . 13 . . I? 13 . . 13 24 . . 14

. . . . . . . . . . . . ?S(i)(a) . . 17 _ . 32 . . 20

33 . . -.1

smbenct o f , during governnr's pleasiire . . . . . . 70 . . 35

[:el.. i:'isn

.:> ., d during search . . . . . .

4echa.r:;e , , f acc::sea ;t pre!imlnary inquiry . . . . . . . . 43(kj . .

. . 13(h) . . p , 159f3) . .

*)l . . . . .. .. . . 37 . .

.. . . . . i7[b) . .

. . . .

into recognizance to appear at p~i lce

bond to appear in Court . . . . . . 17(a) . " cy of evidence . . . . . . . . 17(C) , I

. . . . . . 162 .. -yrnpier or other. person . . . . . . 3 i . .

i11>7'r l s:,; i with per\< >.a1 attendance of accused . . . . G(1) . .

a.i:sposai . . . . . . . . 17 . .

33 ..

(Jf persc.ns arrested . . . . property seized during search . . . . .. 32 . .

,dCJ!2 : IGC: l l . . . . . . ? 5 . .

. . . . 34 . . destruction or impounding of seized, . . .. 6 - . whlch, to Sf! trannaitic.d t:, Chief Rcgistrar on zppezal . . 139(3) .

. . . . . . . . 59 ..

!?r 3 iin.9 n i h , d t e r seardi . . . . 0 : . .

&er ior production of, . . . . ..

..lumh witness . . .. - %ng!ish 1a.v . . . . 3 .. applicnbie w..;re 110 pro! isiori made . . entry

itnon :)laces ancl SP~FF! ir b warmnt . . . . . . 2 5 ( 3 ) . .

enritled to cupy of depositions . . . . . . . . 102 . . iaterpretation of . . . . . . . . . . cy5 . .

sitions read as, when . . . . . . . . . . 98 .. notes of, . . . . . . . . . . . . . . ?T3 I .

stzitement to police, when admissible in. . . . . . . 5(3) . . variance between, and charge . . . . . . . . 82 . . bvitness', to he on nath or affirmation . . . . . . 55 . .

5.1 Iiavw,t+pting officer . . .. ( , I at trial . . .. . . .. .. .. W(1) . .

resent in C w r t ? koiigh nc,t wmrnonecl . "O(1) . . as wtnes5 .. . . .. .. .. 53 . .

on oath or affirmation . . . . . . .. .. 55 ., VCdcC CJf . . . . .. . . .. .. . . 56 ..

xccall ,> f witness for further, . . . . . . . . 54 . .

&irn c,:; Drqion'i: tzken in, . . . . . . . . 122 .. &teiiLion after rvari.aill of, . . . . . . I . .. I29 ..

. . . %;.:used calling evidence . . . . . . . . . . 74jl)(d) . .

. . . . ?4jl)(~) . , 01. . .

. . . . 94 ..

cniimicutiou .. .. .. 5 ..

.. .. 54 . . 55 6256 . .

.. . . . . . . s ..

trn alteration of charge . . . . . . . . . . 84(4) . . cltec~titx~

commitmanti :i iieu of warrant of. . . . . . . .. 124 . . (1: varrant . . . . . . . . .

(

I? 14

'6

13 20 21

17 21

G

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37 49 33 37 32 45 46 74

7 39 :{a

c

5' 5. SI 5

CRIMINAL PROCEDURE LA W . [CAP. 155. 85 - _ _ .. ~

Sectcon Page

5 8 facts

not tlisciosing an offence, appeal against conviction , . 135(b) . . on same, only one sentence, on general conviction . . 40(3) pr. . . question of, appeal with regard to . . . . . . . . 132(l)(b) . .

variance between, proved to statement of offence . . .. 133(J(4 . .

filing of appeals (see appeals)

charge, on direction by Jndge . . .. .. .. .. .. .. refusal to direct . . .. ..

of charge . . .. .. . . information . . .. .. .. warrant of arrest .. .. .. ..

of Court t o regulate proceedings . . .. . . . .

detention during pleasure of the. may require production of telegrams . . . . . . power to, to make Rules of Court .. . .

not, plea of . . .. .. .. procedure on .. . . .. verdict of . . .. . . . . . . . . ..

plea of, . . .. .. . . .. appealsafter . . .. .. procedure on . . .. . .

verdict of, . . .. .. ..

of the case . . .. witness to attend adjourned, .. ..

.. .. .. . . information . . .. .. form

.. .. ..

.. . . . .

.. .. .. summons .. . . .. . . . . . .

to be used for any matter, to be prescribed by Rules . . general powers

Governor .. . . . . ..

. . . . guilty

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.. .. . . hearing

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leave the Court during, . . . . . . .. ..

refusal of leave to appeal . . .. .. .. no appeal against, in certain Cases . . .. of person on bail about to leave the Colony period of, in case of commitment . . .. . . .. reduction of period of, on part payment of penalty . .

alteration of defective, . . .. commencement of trial at Assizes by, . . .. . . copy of, to be supplied to accused . .

General ., .. .. .. form of, .. .. .. .. joinder of counts in, .I. .. . . . . ..

imprisonment commencement of sentence of, by order of Judge on

. . . . . . ..

information (see also charge) .. .. ..

counts in (see charge)

description of offence in, (see charge) filed by Attorney- .. .. ..

.. .. ..

.. . .

. . . . . . parties in . . .. .. manner in which parties are charged . .

.. . . .. objection to, . . .. pleading to, . . .. .. procedure on alteration of . . . . . . proof of offence not contained in . . . . . .

part of offence contained in . . . . quashingof, . . . . . .

offences to be chargeci in, . . . . . . .. . . . . . .

. to be read and explain& to accused * . . .. variance between facts proved and offence stated in,

I .

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43(2) . . 43(2) . . 107 ..

38 . _ 109 . . 45 . . 19 .. 176 . .

175 .. 70 . . 7 . .

176 ..

G S ( 2 ) . .

68(1) . .

77(3) ..

68(2) . . 77(2) . . 135 .. 68(1) . .

74 .. 51 .. 73 ..

117 .. 136 .. 160 .. 127 .. 83 .. 107 .. 62pr. .. 107 . _ 109 .. 40 .. 110 .. 41 .. 110 .. 42 .. 110 .. 66 .. 108 .. 62 . . 84 . . 85(4) . . 85(1) .. 86 . . 62 . .

128 :.

a2 ..

39

25 25 50

22 50 26 14 76

75

35 7

76

34 34

34 58 34 38

36 29 36

38

52

71 55 55

39 50

33

50 50 24 50 24 50 24 50 34 50 32 40 40 40 41 32 39

58

0.-166 7

CAP. 155.J CRIMINAL PROCEDURE L A W . . . . __ ....... _ _ _ ..

86

ingress to a closed place . . .. ..

inquiry (see also preliminary inquiry) with a view of ascertaining mental condition of accused

insanity acquittal on the ground of, . . .. .. of accused on being called upon to plead . .

inspection by Court of the locus in quo ..

interpretation of documents formally produced . .

evidence to accused . . . .

interpreter ability of, tested by Court . . .. oathof, . . . . . . . . . .

investigation investigating officers . . .. . .

appointment of, by Governor . . police officers are . . .. . .

.. . . of offences . . .. power to investigating officers . .

to ask for production of documents production of telegrams for purpose of,

joinder of counts in charge or information

conviction on . . . . . . powers of Court on . . . .

of persons and trial . . . . . .

Judge ( S E C also Court) arrest by direction of, . . . . . definition of, . . . . . . . . nower of.

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.. * as to'documents or things, possession of which is . . .. .. unlawful . . .. ..

to direct filing of charge . . .. .. .. .. .. .. .. .. refusal to . . .. ..

direct preliminary inquiry during summary trial . . try summarily during course of preliminary inquiry

warrant or summons, issue by ( w e also warrant) . . . .

Section

30

70(1) ..

70(2) . . 70(1) . .

a7 ..

65(2) . . 65(1) . .

65(3) . . 65(3) . .

4 .. 4(2) . .

5 . . 6 .. 7 ..

;(I) . . . .

40 . . 40(3) . . 40(2) . . 41 . .

16 2 ..

34 . . 43(2) . .

103 .. 32) * * .. 44

Judge of the Supreme Court leave to appeal by, . . .. .. . . .. . . 132(1)(6) &

133(l)(a) & (4 . . (4 . .

order on application for trial . . .. . . . . 140(4) . , power to order imprisonment to commence from

refusal of . . .. . . .. .. . . 140(3) . . procedure on considering application for . . . . 140(2) . .

no bail in cases of conviction for capital offence except by order of . . . . . . .. . . . . . . 157(2) . .

power to direct filing of charge on refusal by Judge . . 43(2) . .

Judge's Rules . . . . 8 . . applicable ! . . . . . .. . . . .

Page

20

35

35 35

41

33 33

33 33

24 24 24 25

13 5

21 25 25 42 49 26

57

57 61

61 61

70 25

8

CRIMINAL PROCEDURE LA W . [CAP. 155. 8T - - - .- --___ - - - - - .. ____

Sectioit judgment

appeal from, (see appeals) alteration of, . . .. . . . . . . . . . . 113(2) . . contents of, . . .. .. . . . . 113 . . ropy of, to accused . . .. . . . . 115 . . delivery of, by another Judge . . . . . . . 114 ..

mode of . . .. . . . . . . . . . . 112 .. in the presence of accused .. . . .. . . 112(2) ..

drawing and entering, of Supreme Court on appeals, etc. . . no, to be reversed on appeal on certain matters unless

point raised at trial . . .. .. . . .. 153 .. review of, when allowed . . . . .. .. . . 113(2) ..

152

jurisdiction transfer of case when offence coniinitted outside,. . .. 105 .. special plea of lack of, . . .. .. .. . . 69(l)(a) . .

of England, when applicable . . .. .. ~. resewation of questions of, for the opinion o f the Supreme

Court .. .. .. .. .. .. ..

law creating offence to be stated in charge . . .. . . 39(c) & ( d ) ~.

. . . . .. lYC) .. ..

and in information .. ..

148 .. kgal advice

to be made available to arrested person . . limitation of time

for charges in summary trials . . . . . . ..

search of. .. . . . . .. .. .. mean$ of conveyance

.. niisct bnd uc t

by accused, inay entail his reinoval and custody . . .. misjoinder

. . . . .. of counts . . .. . . . . defendants . . . . . . . . . . . . . .

nmtimi in arrcst of judgntent . . . . . . .. . .

by Attorney-General . . . . . . . .

of accused or prosecuter in summary trials . . .. appellant .. .. .. .. .. . . . . respondent .. .. ..

riolle pvoseqtri . . . .

non-appearance

.. .. . . . .

notes of evidence and report to be forwarded to the Gcivernor in certain cases

notice of additional witnesses to be given to accused . . ..

when not required . . . . . . .. . . . .

relating to appeal to be left a t address named . . appeal (se8 appeal) intention to take deposition of witness who is ill . .

. .

oath evidence of witness to be on, . . . . .. ..

refusal of witness to take the, . . . . . . . . no warrant to be issued except if reasons supported by,. .

13 ..

ati ..

26 . .

63(2) . .

40(2) . . 41 . .

79 .:

154 ..

89 .. 143(3) . . 143(4) ..

116 ..

111 .. l l l p r . ..

97(2) . . 150 ..

55 . . 44(2) . . 49(1) ..

5Y(l)(a) . .

Page

52 51 52 52 51 51 68

68 52

49 34

23 50 6

65

1

41

17

33

24 25

38

68

41 62 63

52

51 51

46 67

30 26 28 31

CAP. 155.1 CRIMINAL PROCEDURE LAW. _____..

88 ..

Section Page objection

to charge or information . .

offence defined . . .. .. ..

officer in charge of a police station, defined . .

on trial Court to acquit or convict, . .. ..

order of addresses a t trials . . . . . . .. .. onappcals .. . . . . . . . .

order of examination o f witnesses . . . . . . . . . .

outstanding offences when taken into consideration

pardon special plea of, .. . .

parties to offences, how to be charged .

Davment * d

of costs, award. to accused . . . . . . . . by accused . . . . . . . . . . . . how to be paid . . . . . . . . . . of witnesses . . . . . . . . . .

for defence . . . . . . . . . .

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34

5

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. . 74(2)

.. 143

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. . ' h9( l ) ( c )

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penalty application of s u m received under warrant of execution for, claim of property taken in execution for, . . . . commitment to person for failure to pay, . .

in lieu of warrant for, . . . . . . . . defined . . . . . . . . detention after warrant of execution for, . . . .

. . .. .. ..

for witness refusing to attend . . . . .. interrogation of person as t o his means to pay, . . manner of execution of warrant for, .. .. order by Assize Court for payment of, . . .. payment of, .. . . .. . . . . . .

after commitment . . . . . . . . . . . .

reduction of, or part payment of .. .. warrant for levy of, . . .. .. . . . . period of imprisonment in case of Commitment

person arrcstccl (ser arrested person)

convicted or acquitted. not to be tried again anthorised to investigate . . . . . . . .

. . pleas

by accused . . . . . . . . . . . . corporaticm . . . . . . . . . . . .

of guilty or not guilty . . . . . . .. refwal to make a plea . . . . . . . . special, . . . . . . . . . . . . . .

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169 168 166 60

167

126 122 123 124

2 129 52

119 121 130 118 125 128 127 120

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4(2) . . 35 . .

67 . . 72 .. 68 .. Z33' . ' . .

27

37 62

30

3'9

34

25

73 73 72 32 73

54 54 54 54

5 56 29 53 53 56 52 54 55 55 53

6 21

34 35 34 34 34

C R I M I N A L YII0CEL)UKE L A W . [CAP. 155. 89 Sectiou Page

40 32 35

pleading to altered charge or inforination . . . .

of previous conviction . .

officer, arrest by . . . . . . .. without warrant . . . . . . . .

. . charge or information . . . . . . . .

police

charge of a police station, defined search by . . .. remand in, custody . .

. . .. .. . . . .

sta.tion, person arrested to be taken to . . preliminary inquiry

accused to have copy of depositions binding over of witnesses at, .. .. committal for trial, at conclusion of, . .

of corporation . . . .. . . . .

conflict of evidence at , . . . . . . continued by other Judge . . . . . . definition of, . . . . . . . . . .

. . . . . . conditional . . .. . .

.. .. . . without a ..

84 . . 6% . . 71 ..

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9 . . 14 . . 2 ..

{;: :: 24 . . 13 . .

9 11 5 9

17 16 11

102 . . 99 . .

100 .. 95 . . 106 . . w . .

93(i) . .

49 47 48 44 45 50 45

104 . . 2 , .

49 7

depositions ( s c ~ depositiona) power of Judge to try summarily during coursc of. procedure in, . . . . to be held for offences not triable sunimarily . . transfer of case where offence comniittctl outside

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. . . . jurisdiction . . . . . .

103 . . 03 . . 92 . . 105 . . 101 . . 90 ..

40 42 42

49 48 42

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transmission of record of , . . . . . . . . when, to be directed during course of summary trial

presence (see also absence) of accused during trial .

on delivery of judgment . 63 . . 112(2) ..

33 51

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. .

previous . . acquittal, plea of . . . . . . . .

conviction, how 'charged, . . . . . . . . plea of . . . . . . pleading to charge of . . . . . . . .

at joint trial . . . . . . . . . . . . criminal, implemented by English Law . . , . . in preliminary inquiries . . . . . . . . on alteration of charge or information . . . .

hearing appeals . . .. . . .. . . receipt of file of proceedings . . ~. . .

description of, in charge or information . . .. disposal of, in possession of police restitution ~ f , I . . . .. .. . . . . restoration of possession of immovable . . . .

of charge or information . . . . . . . .

. . . . . .

procedure

notice of, and application for, leave to appeal . . property

. . . . . .

quashing

. . . . conmviction on appeal . . . .

69(l)(h) . . 39(j) . .

(ic)(l)(h) . . 7 1 . .

34 24 34 35

75 . . 3 . .

03 . . 84 . . 143 . . 140 .. 139 ..

37 7

42 40 62 60 60

23 73 73

172 34

86 .. 418(3)(a)(ii) . .

{ 145(1)(b) . . 41. 63 66

question of fact, appeal involving a . . . . . . . . . . 132(1)(8) . I

law, appeal involving a, from Assize Court . . . . 132(l)(a) .. 148 . .

refusal to answer, F y witness . . . . . . . 58 .. Prom District Cou -t . . . . . . . . . . 133(l)(a) . . reservation of. fo the opinion of the Supreme Court

57 57 58 65 39

90 CAP. 155.1 CRIMINAL PROCEDURE LAW.

recognisance by witness at preliminary inquiry . . .. .. ..

refusal by witness to enter into a , . . . . .. provision as to, bail bunds to apply to . . I . . . to appear a t police station . . .. .. . . . .

inquiry . . .. .. .. * . . . . . preliminary inquiry, transmission of, of . . .. . .

o f accused, on bail . . . . .. . . . . . . appellant, on bail . . .. .. .. . . . . person arrested on a warrant on, bond . . , . . .

~ect,rd of evidence or o f statement of accused at preliminary

release

without warrant on bail bond to appear before C'ouit

reinanti in police custody . . . . .. of accused on adjournment . . . .

period of, . . . . .. . . in police custody .. . .

right of, of a Law Uiticer . . . .

address by, on appeal . . . . failing to appear on appeal

o f property . . . . ..

nf possession o f property . . .,

power to makc, . . . . . .

reply

respon~len t

. . . . restitution

rrstoration

I<ules of Court

search o f arrcstetl [)erson

nrrans of conveyance . . . .

l'lace in pursuit o f person evading arrest person and places without warrant

. . woman . . I . . . . . .. ..

oHensive weapons found during . . . . . . warrant f(ir (.wc warrant, search warrant) . .

contents o f , . . . . . . .. . . .. detention or disposal of things seized under a, . . execution of, . . . . . . . . .. . . form and duration o f , .. .. . . . . issue of. .. . . . . ~. . . . .

search warrant

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.. seizure of property not mentioned in, . . . . . . things or documents seized under, possession of which i s

. . . . . . .. .. unlawful . . . . sent&ncc

appcdl against, fro in .\\sile (ouiit . . . . .. .. District C'orirt . . . . .. ~.

Swlion Page

W(2) .. %(3) . .

165 .. 17(b) . .

93(4 101

157 .. 157 .. 23 .. 17(a) . .

24 . . 48 * .

48pr. .. 24 . .

74(2) pr. . .

143(L) . . 143(4) . .

171 ..

172 ..

176 . .

1 0 . . 26 . . 25 . . 11 . . 10(L) . . lO(3) . .

. .

27 . . 32 . . 29 . . 28 . ~

27 . . 33 . . 34 . .

by ?\ttorney-Gelirral . . . . . . . . .. coinmencement of, of imprisonmcnt . . .. . .

on ordcr o f Judge on refusal of leave to appeal . . (inc, to bc passed on general conviction, on the sxnic facts powws of Supreme ('onrt as to,

40(3j . .

coinnienccment or suspension 01 . . . . .. . . 147 . . o n an appeal against . . . . .. .. . . 145(2) &

( 3 ) ( W ) ' .

(3)@)(i) ' . variation of. on appeal .. .. . . 145(2) &

47 47 72 14

43 48

70 70 16 13

16 27 28 17

37

62 63

73

74

76

I) 17 17 P 0 I O 10

19 20 20 19 19 21

21

57 58 59 52 GO 5 2

0.5

64

64

CRIMINAL PROCEDURE LA W . [CAP. 155. 91 -_ __

statement by person charged with an offence . . .. . . . .

examined by investigating officer . . .. . . in custody .. .. .. ..

of accused at preliminary inquiry . . .. . . ..

when, t o police admissible in evidence . . .. ..

.. .. . . of offence (see charge, information)

stating case

summary trial (see also trial)

for opinion of Supreme Court . . .. .. ..

limitation of time for charges in, . . .. . . .. offence proving unsuitable for, . . .. . . .. withdrawal of charge in, . . .. .. .. ..

contents of, to accused . . .. . . . . . . form of, to accused . . .. . . issue of, to accused . . . . ..

to witness . . .. .. .. warrant instead of summons to accused .. . .

to witness .. .. ..

Supreme Court (see also Judge of Supreme Court)

proceedings on non-appearance of accused or prosecutor, a t

summons

. . . . . .

. . .. ..

.. . . . .

. . .. . . .. .. .. .. service of, . . .. ..

appeals to (see appeals) . . . . . . case stated for opinion of, . . . .

costs of appeal .. . . .. judgment of, to be entered in book, etc. .. . .

. . .. ..

.. no judgment to be reversed on appeal on point of form or

matter of variance unless objection taken at trial . ~

power of. as to commencement or suspension of sentence

supplementary powers of, during hearing of appeals

powers of, on determining appeals . . .. . . . . question of law reserved for opinion of, . . . . . .

. .

surety . . . . . . death of, . . . . . .

discharge of, . ~ . . . . sufficient, order for . . . . . . . . . .

of sentence, power of Supreme Court as to, ~.

definition of, . . . . . . . . . . . . production of. requiring . . ,. .. ~.

trial (see also preliminary inquiry, summary trial) a'djollrnmexlt of, ~ ~ . . .. ~. .. before Assize Court to be on information . . . . change 01 place of. ~. . D I . .. general provisions as to. ~. .. * . .

. . . . . .

suspension

teiegzam

.. . .

new trial, order for, by Supreme Court . . . . 04' more persons than one, procedure a t . . . . presence of accused during, . . .. special provisions in, on information ~. ..

. . . .

in. summary . . .. . . . . ~.

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Section

8

8 5(2)

9 3 ( 4

3 3 )

149

88 90 89 91

45 45 44 49 44 50 46

149 151 152

153 147 145 148 146

163 P 62 I Sbs

147

;P)

48 109 174 62

87

75 63

107

111 88

91

145(lM

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Page

8 6 8

43

7 8

66

41 42 41 42

26 26 26 28 26 28 27

66 68 68

68 65 63 65 64

71 a1 70

65

8 7

27 so 75 32

$1 63 37 33 50

51 $1

42

CAP. 155.1 CRIMINAL PROCEDURE LAW. -

92

variance between facts proved and statement of offence . . . . no judgment to be reversed on appeal for any, unless

. . . . . . objection taken a t trial . . of locus in quo . . .. . .

statement by prisoner, adnlissible when . . .. . .

for levy of penalty . . .. ..

view

v o 1 u n ta r y . . . . . .

.. .. witness, admissible .. .. ..

application of sums received under, . . .. .. claim on property taken under, . . . . .. .. commitment to prison in lieu of,. . .. . . . .

where no property . . . . detention after, . . .. . . manner of execution of, . . .. . . .. ..

for witness, if summons disobeyed . . . . .. . . in the first instance, when . . .. .. ..

of arrest, contents, form and duration . . . . . . issue of, . . . . . . . . execution of, . . . . . . irregularities in, . . . . . . procedure on, . . . . . . in lieu of warrant to levy esecution . . . .

warrant .. .. ..

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. . . . . . commitment (SCP o h warrant for levy execution alwve)

Section Page 82

153 . .

87 ..

8 .. 5(3) . .

120 .. 126 .. 122 .. 124 .. 123 .. 129 .. 121 .. 50 . . 49(1) . . 19 .. 18 . . 21 . . 20 . . 21 . .

124 . . 123 . . . . . . where no property . . .. ..

to prison of refractory witrirss .. . . . . 58(1) & (2) . . deliverance . . . . . . . . .. . . . . 161 . . search (ses also research)

contents of, . . . . * . .. . . . . 27 . . form and duration of, . . .. .. . . . . 28 .. execution of, . . .. .. .. . . . . 29 . . .. .. .. . . 27 . . issue of, . . .. . .

withdrawal of charge, after plea in suminary trial, accused to be

acquitted . . ., . . . . . . . . . . 91 before place, no acquittal . . . . .. .. 91 pr.

witness additional, a t Assizes. . . . . . . . . . attendance of , compelling . . . . binding over of , in preliminary inquiries . . . .

conditional . . . . . . . . .. . . costs and expenses of, may be ordered by Court . .

. . . .

for defence . . . . . . . . cross-examination of , . . . . . .

by C O - ~ C C U X ~ . . . . . I

dumb, .. .. .. .. .. evidence of, to be on oath or affirmation examination in chief of, . . .. issue of summons to, . .

warrant to, . . .. .. .. name of, a t the back of the affirmation order of examination of, . . . . penalty for, refusing to attend power to call or re-call, . . . . re-examination of, . . . . .. refractory, . . .. . . . . refusing to attend, penalty of . . summoning prisoner as, . . . . taking evidence of, by commission . to attend adjourned hearing . .

. . warrant for, . . . . .. . .

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leave Court during hearing

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. .

..

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42 42

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