« EdellinenJatka »
Where summons not obeyed.
Time for execution.
Within what jurisdiction.
In what cases.
Form and mode of execution.
17. If a person served with a summons does not obey the summons, the Court may issue a warrant for his apprehension. (5 of 1876, s. 17.)
18. A warrant need not be made returnable at any particular time, but may remain in force until executed. (5 of 1876, s. 18.)
19. A warrant may be executed by the apprehension of the accused at any place within the jurisdiction of the Supreme Court.
When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court issuing the warrant the person arrested shall be taken before the District Commissioner within whose district the arrest was made, who shall deal with him in the same way as if brought before the Court under Section 3 of this Ordinance.
20. Where it is proved that in fact or according to reasonable suspicion anything on, by, or in respect of which a crime or offence has been committed is in any house or place, the Court may by warrant (called a Search Warrant) authorise an Officer of the Court therein named to search the house or place (which shall be named or described in the Order), and if anything searched for be found, to seize it and apprehend the occupier of the house or place if the Court thinks fit so to direct. (5 of 1876, s. 20.)
21. The warrant shall be executed by the Officer who shall have charge thereof, but he may be accompanied by any persons necessary to assist him.
If the house or place is closed, and the Officer is not admitted after demanding admission, and disclosing his authority, and the object of his visit, it may be forced open.
Where there is suspicion only, the warrant shall so state, and then it shall be executed in the day time; where there is positive proof it may be executed in the day or night time. (5 of 1876, s. 21.)
CONTROL OF CROWN IN CRIMINAL PROCEEDINGS.
22. In any criminal case, and at any stage thereof before judgment, whether the accused has or has not been committed for trial, the Attorney-General may enter a nolle prosequi, either by stating in Court or by informing the Court in writing that the Crown intends the proceedings should not continue, and thereupon the accused shall be at once discharged in respect of the charge for
which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
In case the accused shall not be before the Court when such Notice to be nolle prosequi is entered, the Registrar of such Court shall forthwith given. cause notice to be given to the Keeper of the Prison in which such accused may be detained, and also to the Commissioner of the District in which such accused was committed for trial. Such Commissioner shall forthwith cause notice to be given to any witnesses bound over to appear, and to their sureties (if any), and also to the accused and his sureties if he shall have been admitted to bail. (20 of 1900, s. 2 (a).)
23. Whenever any person charged with any crime or offence When trial shall have been committed to be tried on information, and the on informaAttorney-General shall be of opinion that further investigation is case may be required before such trial, it shall be lawful for the Attorney- reopened. General to direct that the original depositions be remitted to the Court which committed the accused for trial, or to any other Court of the same Province, and such Court may thereupon reopen the case and deal with it in all respects as if such commitment had not been made; and if the case be one which may be tried by such Court in a summary manner, it may, if thought expedient by the Court, or if the Attorney-General so directs, be so tried and determined accordingly.
The provisions of this and the last preceding section shall not be construed to restrict in any way any right or power otherwise possessed by the Attorney-General. (5 of 1876, s. 23.)
23 (a). The Attorney-General may order in writing that the Attorneypowers expressly vested in him by the two preceding sections to General may delegate enter a nolle prosequi and to direct that the original depositions be certain remitted to any Court of a Province be vested for the time being powers as to in the person appointed to sign informations or to represent the nolle prosequi. Crown at trials upon information in any district in the absence of the Attorney-General, and the exercise of these powers by such person shall then operate as if they had been exercised by the Attorney-General :
Provided that the power to enter a nolle prosequi in any proceedings before the accused has been committed for trial shall not be vested in any person other than the Attorney-General:
Provided also that the Attorney-General may in writing revoke any order made by him under this section.
PREVIOUS ACQUITTAL OR CONVICTION.
24. A person who has been once tried for an offence, and con- Persons victed or acquitted of such offence, shall, while such conviction or convicted or
May be tried again on separate charge.
Consequences supervening or not known at time of former trial.
Proof of previous conviction.
Joinder of charges.
27. If a person accused of an offence has been previously conit is intended victed of any offence, and it is intended to prove such previous
to prove previous conviction.
conviction with the purpose of increasing his punishment for the offence of which he is accused, the previous conviction must be stated in the Information. (5 of 1876, s. 27.)
Three charges of same kind in a year.
Occurring in one series of facts.
acquittal has not been reversed or set aside, not be liable to bə tried again on the same facts for the same offence. (5 of 1876, s. 24.)
When doubtful what offence has been committed.
25. A person convicted or acquitted of any offence may be afterwards tried for any offence for which a separate charge might have been made against him on the former trial. (5 of 1876, s. 25.)
26. A person convicted or acquitted of any act causing consequences which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such last-mentioned offence if the consequences had not happened or were not known to the Court to have happened at the time when he was acquitted or convicted. (5 of 1876, s. 26.)
28. Whenever evidence of a previous conviction is relevant to the issue, such previous conviction shall, upon proof of the identity of the person convicted, be deemed to be sufficiently proved by a certificate stating the substance and effect of the charge or information upon which such conviction was based, and the conviction and sentence, and purporting to be signed by the Registrar or other Officer having the custody of the Records of the Court where such conviction took place. (20 of 1900, s. 2 (b), amended.)
JOINDER OF CHARGES.
29. Parties may be charged with different offences in the same Information in the following cases:—
Where a person is accused of more than one offence of the same kind committed within one year of each other, he may be charged and tried at the same time with any number of them not exceeding three;
If in one set of facts so connected as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried for every such offence at the same time;
If a single act or set of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused person may be charged with having committed any such offence, and any number of such charges
may be tried at once, or he may be charged in the alternative with having committed some one of the said offences; When more persons than one are accused of the same offence, When more or of different offences committed in the same transaction, or than one when one person is accused of committing any offence and accused of another of abetting or being accessory to or of attempting to same offence. commit such offence, such persons may be charged and tried together or separately;
Provided that the Court in which any Information is filed shall Court may have power to prevent the trial of different offences or persons trials." order separate together if such trial would be inexpedient, and in such case may order separate records to be made up and separate trials to be had. (5 of 1876, ss. 28 and 29; and 20 of 1900, s. 2 (c).)
DESCRIPTION OF PROPERTY.
30. The following Rules shall be applicable in all cases in which Ownership or it may be necessary to refer to the ownership or description of description. property in criminal process or proceedings:
If the property belonged to or was in the possession of more Joint owners. than one person, whether as partners in trade or otherwise, it may be laid in the name of one of such persons, and another or others. This rule applies to Joint-Stock Companies, Clubs, Societies, Joint Tenants, Tenants in Common, Parceners and Trustees;
Property of a Joint-Stock Company, Club or Society, having a Joint-stock recognized Secretary, may be laid as the property of such company, &c. Secretary and others, without naming the Secretary;
Property belonging to or provided for the use of any Public Public Establishment, Service, or Department, may be laid as the department. property of His Majesty the King;
Coin and Bank Notes may be described as money, and any aver- Coin and ment as to any money, so far as regards the description of the bank notes. property, shall be sustained by proof of any amount of Coin or of any Bank Note, although the particular species of Coin of which such amount was composed, or the particular nature of the Bank Note shall not be proved; and in cases of embezzlement and obtaining money by false pretences, by proof that the accused embezzled or obtained any Coin or any Bank Note, or any portion of the value thereof, although such Coin or Bank Note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly. (5 of 1876, s. 30.)
Court may interrogate accused.
Accused not to be sworn.
Accused not punishable for not answering.
Answers may be used as evidence.
33. No influence, by means of any promise or threat or otherto be used to wise, shall be used to the accused person to induce him to answer or to disclose or withhold any matter within his knowledge. (5 of 1876, s. 33.)
INTERROGATION OF ACCUSED PERSONS.
31. Subject to the particular Rules hereinafter enacted, the Court before which any person is charged with or being tried for any crime or offence may, without previously warning the accused person, examine him and put any questions to him which the Court thinks proper. (5 of 1876, s. 31.)
Conditions precedent to trial of foreigners for offences com
32. No oath or affirmation shall be administered to the accused person. (5 of 1876, s. 32.)
34. The accused person shall not be punishable for refusing to answer, or for answering falsely, any questions put to him; but if the accused person do not answer, the Court shall draw such inference therefrom as seems just. (5 of 1876, s. 34.)
35. Any answer given by an accused person may be used as evidence, not only in the particular cause under trial or examination, but also in trials for any other offence which his answers may tend to show that such accused has committed. (5 of 1876, s. 35.)
Not to prevent other admissions or con
36. Nothing contained in the preceding, or in any subsequent enactments of this Ordinance shall in any trial prevent any fessions being admission, or confession, or other statement of the accu accused person made at any time from being given in evidence which would by Law be admissible as evidence against him. (5 of 1876, s. 36.)
used in evidence.
OFFENCES BY FOREIGNERS WITHIN COLONIAL WATERS.
*37.-(1) Proceedings for the trial of any person, who is not a subject of His Majesty, for an offence committed on the open sea within one marine league of the coast of the Colony or Protectorate, measured from low-water mark, shall not be instituted in any Court except with the leave of the Governor and upon his certificate that it is expedient that such proceedings should be instituted.
(2) This section is subject to the following provisions :
(a) Proceedings before a District Commissioner previous to the committal of an offender for trial, or to the determination
* See 41 & 42 Vict. c. 73, Appendix.