THE STATUTE LAWS OF CYPRUS NO. 40 OF 1948.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400040014-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 64
• Document Creation Date: December 27, 2016
• Document Release Date: January 23, 2014
• Sequence Number: 14
• Publication Date: November 30, 1948
• Content Type: REGULATION

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SUPPLEMENT No. 2
TO
THE CYPRUS GAZETTE No. 3406 OF 30TH NOVEMBER, 1948.
LEGISLATION.
THE STATUTE LAWS OF CYPRUS
No. 40 OF 1948.
A LAW TO AMEND AND CONSOLIDATE THE LAW RELATING
TO PROCEDURE IN CRIMINAL PROCEEDINGS.
E. TURNBULL,1 [25th November, 1948.
Officer Administering the Government.
BE it enacted by His Excellency the Officer Adminis-
tering the Government knd Commander-in-Chief of
the Colony of Cyprus as follows :-
1. This Law may be cited as the Criminal Procedure
Law, 1948.
(145)
Short title.
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Inter] ro-
tation
Law of
England
when
applicable.
'Ms
146
11A RN PR EL 1MINARY.
2. in this Law, unless the context otherwise requires--
- " 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 of competent jurisdiction ;
" criminal proceedings" and cognate expressions mean
any proceedings instituted befbre any court against any
person to obtain punishment of such person for any offence
against any enactment and includes a .preliminary
inquiry;
enactment" includes Laws and public instruments ;
" information " 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 perform
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 fbrfeited bail
-bond or recognizance, any sum adjudged in any criminal
proceedings to be paid by any person by way of compen-
sation, damages, costs or otherwise and includes the costs
of execution for the recovery of the same;
" 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 committal
of an accused person for trial .before an Assize Court;
" 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
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
iii England.
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147
PART 11. ?INVESTIGATION OF OFFENCES AND PROCEEDINGS
ANTECEDENT TO PROSECUTION.
Chapter I.--Investigation of Offences.
4. The Governor may authorize any person, by name or
by his office, who appears to him .to .be competent for the
purpose (hereinafter in this Law referred to as " investi-
gating officer ") to investigate into the commission of any
offence.
Investiga-
ting officers.
5. (1) Every investigating officer may require any Investiga-
person, whom he has reason to suppose to be acquainted with otif7Yeefs.
the facts or circumstances of the offence which he is
investigating, to'atten.d 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 put to the person
examined such questions as the investigating officer may
deem necessary for the purposes of the investigation and
the person examined shall be bound to answer truly all
such questions :
Provided that, before putting any questions -under this
section, the investigating officer shall inform the person
examined that he is not bound to answer any question the
answer to which would have a tendency to expose such
person to a criminal charge; the officer shall record upon
any statement taken that the person has been so informed,
? and the person examined may, on that ground, refuse
to answer any such question.
(3) 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 at the foot of the statement a note of the
refusal stating also the reason thereof, if ascertained, and
th.e statement shall then be signed by the investigating
officer.
(4) Any person who, without reasonable cause, refuses
to attend at such time and place as he may be directed or to
answer any question or who answers any question untruly,
- Shall be guilty of an offence and shall be liable to imprison-
ment for a term not exceeding three years or to a fine not
exceeding one hundred pounds or to both.
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Order to
produce
documents.
aovernor
may require
production
of tele-
grams.
118
(5) In any criminal proceedings against any person for
any offence in connection with any statement made by
him under this section, everything contained M the record
of such statement made by the investigating officer shall
O e deemed to have been stated by such person, unless the
iqititrary is -proved by him
6.--(1) The in vestigating officer during the investigation
of an offence may, if he considers the production of a
document be necessary or desirable for the purposes of such
irlvestLgat[on, 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
COM plied wi th the order, if he causes the document to be
produced instead of attending personally to produce the
same.
(3) Any person who, without reasonable cause, refuses
to prod ace 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
line not exceeding one hundred._ pounds or to both.
(4) Nothing in this section shall apply to any document.,
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.
1.?(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 tele.
graphic cable or wire, or any apparatus for wireless tele-
graphy, 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 from 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.
(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.
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\NM'
149
(3) For the purposes of this section?
" telegram " means any message or other communi-
cation transmitted or intended for transmission by any
apparatus for transmitting messages or other communi-
cations by means of electric signals;
"wireless telegraphy" means any system of communi-
cation by telegraph without the aid of any wire
connecting the points from and at which- the messages
or other communications are sent and received.
8.--( 1) No person in custody shall be questioned unless Statements
the investigating officer cautions him as follows or to the L1;18,2;
like effect and by
"You are not obliged to say anything but anything
Pechargne'd with
you say may be given in evidence." offences.
(2) If any person in custody wishes to volunteer a state-
ment, an investigating officer shall, after administering
the caution as in sub-section (1) of this section provided,
take the statement of such person without, however,
putting any question to him in connection therewith except
for the purpose of removing an ambiguity. in what such.
person has actually said.
(3) When an investigating officer has made up his mind
to charge a. person with an offence, he shall not put to him
any questions or any further questions, as the case may be,
unless he first cautions him in the manner in sub-section (1)
of this section provided.
(4) Before a person is formally charged with an offence
.by an investigating officer, the investigating officer shall
read out to him the statement of the offence and shall
immediately proceed to caution him as follows :?
"Do you wish to say anything in answer to the charge?
You are not obliged to say anything, unless you wish
to do so, but whatever you say will be taken down in
writing and may be given in evidence."
The investigating officer shall then take down any
statement which such person may make M answer to the
charge.
(5) - The provisions of sub-section (3) of section 5 of this
Law shall apply to the taking of any statement under this
section. .
(6) No statement ? made under this section shall be
received in evidence against the person making the same,
unless the provisions of this section have been complied
with:
Provided that no statement made by a person before
there was time to cautiou him sl all be rendered inadmissible
in evidence merely because it was made before caution
had been administered if the court is satisfied that caution
was administered as soon as possible thereafter.
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Al rest,.
tirarch
arrested
person.
Search of
place in
pursuit of
person
evading
H rrent.
1 50
Chapter I L--Arest and Search,
) In making an arrest, the police officer or other
person making the same shall actually touch or confine
the body of the person to be arrested, unless there be a
submission to the custody by word or action.
(2) If the person to be arrested foreibly resists the
endeavour to arrest him or attempts to evade the arrest,
the police officer or other person making the arrest may use
all means necessary to effect the arrest :
Provided that nothing in this sub-section 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 imme-
diately after the commission of an offence or escapes from
lawful custody. the police officer 01 other person making
the arrest shall inform the person arrested Of the cause
of the arrost,
10. (I.) Whenever a person is arrested the polio- officer
making the arrest or to whom the person arrested is handed
over may search 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 such 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
search shall be made by a woman.
(3) Where any property has been seized or taken from
any 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 he rest orvd to him by the person in charge of the
property unless such person has suffieient reason to believe
that such property may form material evidence against any
other pers(at on a criminal charge.
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 ally place, every
person residing in or being in charge of such. place shall,
oil demand, allow .111c person having such authority
free ingress thereto and shall afford all reasonable facilities
to search therein for the person sought to be arrested.
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151
(2) If ingress to such place cannot be obtained under
sub-section (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 plaice, 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.
12. Any person having authority to arrest whether under
warrant or not may break out of any house or place in order
to liberate himself or any other person. who, having lawfully
entered for the purpose of ma king an arrest, is detained
therein.
13. Any person who is arrested, whether with or without
a. warrant, shall be taken with all reasonable despatch to a
" police station or other place for the reception of arrested
persons and shall, without delay, be informed of the charge
against him.
Any such person while in custody-- shall be given reason-
able facilities for obtaining legal advice for taking steps
to obtain bail and otherwise for making arrangements
for his defence or release.
.14.--(1) Any police officer may, without warrant, arrest
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 ; '-
(e) 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 His 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 ( 1olony which, if committed
in. the Colony would have been punishable as
an offence and for which hb is, under any
Act of Parliament or Order of His Majesty in
Power to
break out
of any
house for
purpose of
liberation.
Arrested -
persons to
be taken to
police
station or
place for
reception
of arrested
persons.
Arrest by
police officer
without
warrant in
certain
cases.
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Arrest by
private
piwson and
owner of
proporty
without
warraiti.
Council extending to the Colony, liable to be
apprehended and detained in the Colony ;
(y) 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
IA) 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 ;
t/.9 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 ha respect
of an offence if the enactment creating the same provides
that the offender cannot be arrested without a warrant,
except where the offence is committed in the officer's
presence and the offender refuses 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 sue h.
enactment.
15.---(1) Any private person may, without warrant,
arrest any other person--
(a) who commits in his presence an offence punishable
with death or .imprisonment exceeding two 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 ;
((.) whom lie is directed to arrest by a judge under the
provisions of section 16 of this Law ;
t(1) who has escaped from lawful custody or is
attempting to evade lawful arrest ;
(e) who may be arrested iivithout 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
the owner of the property or his servant or any person
authorized by him.
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(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 sub-section (1) of section 11
of . this Law, a police officer shall re-arrest him.
16. A judge may himself arrest or direct the arrest in his Arrest by
or under
presence of any person-- directions
(a) 'who isfound committing any offence ill his presence; of judge.
(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 Disposal or
without a warrant for an offence other than an offence =71
punishable with death, the officer in charge of the
police withoLit
station to -whom such person shall have been. brought; warrant.
may?
(a) in any case, and shall, i it does not appear
practicable to bring such person bet ore the court
within twenty-lour hours after he has been so taken
into custody, cause an investigation of the ease
to be made and, unless the offence appears to
the officer to be of a serious nature, release
the person on his executing a bond, with or
without sureties, for a reasonable amount to
appear before the court at a time and place to
be named in the bond but where any person is
retained in custody, he -shall be brought before a
judge as soon as practicable ;
(b) if it appears to him that, the investigation of the case
cannot be co,mpleted forthwith, discharge the said.
person on his enterin.g into a recognizance, with or
without sureties fbr a reasonable amount, to appear
at such police station and at such time as is
named in the recognizance, u [Jess lie preyiou s y
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.
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gret.
Issue of
warrant of
arrest,
Form, ei fl-
Len Ls alb
duration cif
Warrall t of
arrest.
Irrogula-
ritiesiii
xvarrant.
Exec' it ion of
1NrItrtittlt a 111
procedure
tAiereon.
18.?(1) Any judge may issue a warrant for the arrest
of any person in all eases in which he considers that such
warrant is necessary Or desirable :
Provided that no warrant of arrest shall be issued unles,,
lw )Tolintls on which it is applied for are supported by oath.
(2) A warrant of arrest may be issued on any daN
nu:hiding a Sunday or public holiday.
19.?(I) Every warrant of arrest shall be under the hand
or the judge issuing the same and shall, bear the date of issue.
(2) Every such warrant 'shall state shortly the offence
or trlittter for which it is issued, shall name or otherwise
describe the person to be arrested and shall order 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 or before some other
court having jurisdiction in the case, to answer to the
statement of offence or matter therein mentioned and to be
kirther 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 it
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 may 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.
20. No irregularity or detect in the substance or form
of a warrant of arrest and no variance between it and the
charge or between either and the evidence produced 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 ease, but if 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.
21.? ( ) livery warrant of arrest may be executed at
any lime and place in the Colony on any day including
Snuday or public holiday.
(2) The person executing any such warrant shall, before
malduir I arrest, inform the persoll to be arrested that
I here is a warrant for his apprehension unless there is
reasonable cause for abstaining from giving such information
on the ground that it is likely to occasion escape, resistance
or rescue.
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(3) Every person -arrested on. any such. warrant shall,
subject to the provisions of sections 22 and 23 of this Law
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.?(l) Where a warrant of arrest is executed outside Procedure
the local limits of the jurisdiction, of the court out of which
it was issued, the person arrested shall, unless released on side local
a bail bond under section 23 of this Law, be taken before Jurisdiction.
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
i.s the person intended to be arrested, direct his removal
in custody to the court out of which the warrant was issued :
Provided that, if such person has been arrested in respect
of any matter other than an offence punishable with. death
and is.either ready and willing to give bail to the satisfaction
of the court within the to(4) limits of the jurisdiction of
which he was arrested or is ready and willing to enter
into a bail bond as required by any direction endorsed on
the warrant under section 23 of this Law, the court shall
take bail and shall forward the bail bond to the court out
of which the warrant was issued.
23.?(1) Any judge, on issuing a warrant for the arrest Power to
of any person in respect of any matter other than an
prtsaosiei
offence punishable with death may if he thinks fit, by arrested on
endorsement on the warrant, direct that the person named in bond.
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 person named
in the warrant are respectively to be bound;
(c) the . court before -which the person arrested is to
attend; and
(d) the time at which be is to attend including an.
undertaking to appear at any subsequent time
as may- be directed 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
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t0ron nd
in Pnfice
411.140(1y.
Search of
person and
places with-
out warrant.
Search
warrants.
156
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 then 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 sureties, if any, shall be such as may be approved by the
officer who takes the bail bond.
24. Where it shall be made to appear to a judge that the
investigation into the commission of an offence for which a
person has been arrested has not been completed, it shall be
lawful for the judge, whether or not he has jurisdiction to
deal with the offence for which the investigation is made,
upon application made by a police officer not below the rank
of au inspector to remand, from time to time, such arrested
person in the custody of the police for such time not
exceeding eight days at any one time as the court shall?
think lit, the day following the remand being counted as
the first day.
25. Any police officer may, without warrant?
(a) detam and search any person whom *he reasonably.
suspects of carrying, conveying or concealing
any article or document in respect of which any
tifferice is about to be committed or is being
iflnimitted or has recently been committed;
(b) enter upon and search any place?
( i ) if 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 ;
(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
t.n offence is being committed in the place ;
(iv) in any ease in which he may enter upon and search
any place without warrant under any enactment
in force for the time being.
26. Where a judge is satisfied by information upon oath
that there is reasonable ground for believing that there is
in any place--
(a) anything upon or in respect of which any offence
has been or is suspected to have been committed;
I Or
(b) anything which there is reasonable ground for
believing will afford evidence as to the commission
of any offence; or
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(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 "), authorizing the
person therein named? .
(i) 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
tr) 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.
27.?(1) Every search warrant shall be under the hand
of the judge issuing the same and shall bear the date of
issue.
-(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 anyone or more of them.
(3) Every such warrant shall remain in force until it is
executed or until it is cancelled by a judge.
28.--(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 dis-
cretion, authorize the execution of the warrant at any hour.
(2) Where a judge authorizes the execution of a search
warrant at any hour other than between the hours of five
o'clock in the forenoon and eight o'clock at night, such.
authorization may be contained in the warrant at the time
of issue or may be endorsed thereon by any judge at any
time thereafter prior to its execution.
29.?(1) Whenever any place liable to search is closed,
every person residint, in or being in charge of such place
shall, on the demand of the police officer or other person
having authority to search, allow such officer or person
free ingress thereto and afford all reasonable facilities for
a search therein.
Form and
duration of
search
warrant.
Execution
of search
warrant.
Ingress to a
closed place.
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)iseluirge
of suspected
occupier
or other
person.
Detention
Or (IINJ)usal
of things
seizell under
search
Warrant.
Scivtire or
propert3
not siwu-
ioned in
the i'errant.
158
(2) If ingress into such place cannot be so obtained, the
police officer or other person haying authority to search
may proceed in the manner prescribed by sub-section (2)
of section 11 of this Law.
(3) When any person in or about such place is reasonably
suspected of concealing about his person any article for
which search should be made, such person may be searched.
if the person to be searched is a woman she shall be
;-iearehed by a woman and may be talcen to a police
station for that purpose.
30. if the occupier of any place in which, or the person in
whose possession, anything named in a search warrant is
found is brought before a judge and the judge is not satisfied
that such occupier or person has committed an offence, he
shall forthwith be discharged by such judge.
31.- --(1) When, upon the execution of a search warrat
anything is seized and brought before any judge, as in section
26 of this Law provided, such thing, subject to sub-
section (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 conelusion 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 nature,
such thing may be disposed of forthwith in such manner
as the judge may direct.
(3) If the judge is of opinion that anything seized under
a search warrant is ?no longer required for any criminal
proceedings, he shall, unless he is authorized 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 it be restored either to him or to such other
person as the VINO" charged may direct ; or
(b) that, if such 'thing belongs to the person charged,
such thing or any part thereof be applied to
the payillelit of any costs or compensation directed
to be paid by the person Charged.
32. If, on searching a place under a warrant, the person
authorized to inalw such search shall find property not
mentioned M the warrant but in respect of which there
is reasonable ground to believe that an offence has been
or is intended to be committed, he may seize such property
and take it before the ,judge issuing the warrant, who may
make such order concerning:, the detention or disposal of
the property as to him may seem fit.
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159
33- . If, under any search warrant, there is brought
before a judge any document or thing the use or possession
of which is unlawful, the judge may, in the absence of some
lawful excuse to be proved by the person in possession
thereof, cause such 'document or thing to be impounded,
defaced or destroyed notwithstanding that no person is
prosecuted in respect thereof.
PART 111.?PROCEED1NGS IN PROSECUTIONS.
Chapter .--Breliminary.
34. A person who has been once tried by a court of
competent jurisdiction for an offence, and convicted or
acquitted of such offence shall not, while such conviction
or acquittal remains in force, be liable to be tried again
on the same facts for the same -offence.
35. 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.
Chapter IL?Commencement of criminal proceedings and
process to compel appearance.
36. Subject to the pro-visions of any other :Law, criminal
proceedings against any person shall commence by a
charge preferred before a court against such person.
37. Every charge shall be in the prescribed form ; it
shall be signed by or on behalf of the person preferring
the same and where a charge is preferred by a :Department
such. Charge shall be signed. by a representative of the
Department ; it shall . state the name ol. the court before
. which the summary trial or preliminary inquiry is to take
place and shall also contain the follow* particulars :----
(a) the name and description of the accused as known.
to the prosecution which shall, be reasonably
sufficient to identify him;
(b) the offence or offences with which the accused is
charged containing the particulars set out in
section 38 of this Law.
38. The following. provisions shall apply to all charges
and, notwithstanding any Law or rule of practice, a-charge
shall, subject to the provisions of this Law, 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;
Power of
judge as to
documents
or things
possession, of
wliadi is
unlawfid.
Persons
convicted or
acquitted
not to be
tried again
for same
offence.
Civil remedy
not to be
suspended.
Coni nonce-
meat by
charge. ?
Form of
charge.
Provisions
regarding
the framing
of charges.
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(b) where a charge contains more than one count,
he counts shall be numbered consecutively ;
(e) the count in a charge shall describe the offence
with which the accused is charged shortly in
ordinary language, avoiding as far as possible the
11Se of technical terms and without necessarily
stating all the essential elements of the offence
arid it shall contain a reference to the section of
the enactment creating the offence. When an
off:'ence 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 ;
(e/) where an enactment constituting an offence states
the offence to be the doing or the omission to do
anyone of different acts in the alternative, or the
doing or the om ission. to do any act in anyone of
ddIerent eapa.cities, or -with anyone of different
intentions, or states any part of the offence. in the
alternative, the acts, omissions, capacities or
itamtions, 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 he necessary, in any count charging
ollence, to negative any exception or
exemption from, or proviso or qualification to,
the operation of the enactment ereatin.g the
of ;
(I) if the &Tellico charged consists in doing anything
with or to any property, except where required for
I he purpose of describing an offence depending on
any special ownership of property or special value
of property, it shall not be 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. hr
\MS charged ;
(y) no greater certainty or detail of statement as to
documents, facts, things, persons, places, time or
any other subject whatever shah be necessary
or shall be used in the charge than is reasonably
sufficient for the purpose of giving the accused
itotice thereof
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161
Facts or documents may be scheduled and
copies thereof may be attached to the charge if
such a course is convenient;
(h) it shall not be necessary in stating any intent
to defraud, deceive or injure to state an intent
to defraud, deceive or injure any particular person,
unless the enactment creating the offence makes
an. intent to defraud, deceive or injure a particular
person an essential ingredient of the offence;
(i) where the accused is charged with criminal breach
of trust, fraudulent appropriation of property,
fraudulent falsification of accounts, fraudulent
conversion or with corruption or abuse of office, it
shall be sufficient to specify the gross sum in
respect of which the offence is alleged to have been
committed and the dates between which the
offence is alleged to have been committed without
specifying particular items or exact dates;
(j) where a previous conviction of an offence is charged
it shall be charged at the end of the count by
means of a statement that the accused person
has been previously convicted of that offence
at a certain time and place without stating the
particulars of the offence:
Provided that no error in stating the offence or the
particulars required to be stated in the charge shall be
regarded at-any stage of the case as non-compliance with the
provisions of this Law unless, in the opinion of the court,
the accused was in fact misled by such error.
39.?(1) Any number of counts either for the same offence
or for different offences may be included in the same charge
and the court may either convict or acquit the accused
generally upon the whole charge or convict him upon one
or some 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,
it may, at any stage of the proceedings, direct that the
accused shall be tried separately upon any one or more
of such counts.
(3) If the court convicts the accused generally on the
whole charge, the legal effect of such conviction shall be
to convict' him on each of the counts contained therein
and the court may, thereupon, pass upon him the same
sentence as if. he hp,d been separately convicted on every
such count:
Provided that not more than one sentence shall, in any
case, be passed upon any person upon the same facts.
Joinder of
counts in
charges and
powers of
court.
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Joinder and
trial of
persons.
Manner in
which
parties to
(ilfences
inay be
,?harged
Presentation
of charge
to judge
and ti in
Summons
or warrant
for com-
pelling
attendmice.
1 (3
40. The following persons may be joined in one charge
and may be tried together, unless the court directs that they
shall be tried separately, that is to say :--
(a) persons accused of the same offence ;
(b) persons accused of different offences committed
in the course of the same transaction;
(c) persons accused of an offence and persons who,
under the provisions of any enactment, are
deemed to have taken part in the commission of
such. offence ;
(d) persons accused of an offence and persons accused
of attempting to commit such offence ;
(e) persons accused of any offence relating to stealing,
criminal breach of trust, fraudulent appropriation
of property, fraudulent falsification of accounts
or fraudulent conversion and persons accused of
receiving or taking upon themselves the control
or disposition of the subject "natter of such offence.
41. Everyone who is punishable by any enactment
as a party to any offence may be charged either for com-
mitting that offence or for being a party to such offence
or for directly or indirectly inciting any other person to
commit it, whether the other party to the offence has
or has not been charged or convicted or is or is not
amenable to justice.
42.-41) Every charge shall be presented to a judge
of the court in which the charge is preferred.
(2) The judge may, after perusal of the charge, direct
that the same shall be filed or, if he refuses to give such
direction, he shall, if so requested within ten days from the
date of the refusal by the-person preferring the charge, give ,
to hi in a certificate of such refusal and such person may,
within ten days from the date of obtaining the certificate.,
apply to the Supreme Court or to a Judge of the Supreme
Court for an order directing the filing of the charge and, if
such an order is made, the charge shall be filed accordingly.
43.--(1) At any time after the .ffling of the charge, ,
judge may issue either a summons or a warrant to compel
the attendance of the accused befbre ?the court either
COt a summary trial or for a preliminary inquiry, as the
ease ,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 surrations 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 mutandis to every warrant issued
under this section.
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Vow
? 44.?(1) Every summons issued by a judge under this
Law shall 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 the judge may, in _any summary trial, by
special direction in the summons, dispense with the .personal
attendance of the accused and- -
(a) perrnit him to appear and plead by an advocate,
in which case such accused may so appear and
plead;
(b) 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:
Provided 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 subsequent proceedings thereunder:
45.?( 1) Every summons may be served anywhere in
the Colony by a police officer or by an officer of the court
out 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 at the
principal place of business in the Colony of the
firm or corporation or by delivering it--
(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 any one having, 4 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 or by the
affidavit of such person.
Form and
contents of
summonses.
Service of
summons.
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On trial,
court to
acquit or
von vict.
Adjourn-
ment and
remand in
custody.
Tssue of
summons
for witness.
164
Chapter MI.?Provisions relating generally to all trials,
summary and on information, and preliminary inquiries.
46. Every court, Subject to the powers of adjourning
the hearing of cases as in this Law provided, shall, upon
the trial of any person, either acquit him and thereupon
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
!nay require :
Provided that, if a person is acquitted on the ground
of insanity under the provisions of this Law, the court
h all direct him to .be detained during the pleasure of the
Governor as in this Law provided.
47. Every court may, if it thinks fit, adjourn any case
before it and upon such adjournment may, subject to the
provisions of sub-section (2) of section 154 of this Law,
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.
Chapter I V .?Compelling attendance and examination of
witnesses.
48.----(1) If in any criminal proceedings the court is
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 may be in his possession
or power or under his control:
Provided that, if the court, is satisfied by proof upon
oath 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, whether a party or not in the
proceedings, may be compelled by the court to give, evidence
and produce any document or thing in his possession or -
in his power, in the same manner and subject to the same
rules as if he had been summoned to attend and give
evidence or to produce such document or thing and may be
punished in like manner for any refusal to obey the ckder
of the court.
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'smok'
165
(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 45 of this Law shall apply
mutatis mutandis to the service of a summons for witness
under this section.
49.?(1) If a summons to a witness is disobeyed without
lawful excuse, on proof of service of the summons, a
warrant of arrest may be issued to compel the appearance
of the person summoned.
(2) The provisions of sections 18, 19, 20, 21 and 22 of this
Law shall apply mutatis mutandis to every warrant issued
to compel the attendance of a witness under this section.
50. Every witness who is present when the hearing witness to
attend
of a case is adjourned or who has been notified by the court
ad journod
or 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 evidence.
- 51. Any person summoned to attend as a witness who, Penalty for
without lawful excuse, fails to attend as required by a
refwitness
using to
summons duly served or who, having attended departs attend.
without having obtained the -permif3sion 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
two months or to a fine not exceeding twenty pounds or
to both and shall, in addition, be ordered to pay all costs
occasioned by his failure to attend:
Provided that no person shall be prosecuted for any
offence under this section, except by the order of the
court made during the hearing of the ease for which the
evidence of the witness is required.
52. Whenever any person confined in any prison or
institution or otherwise in custody. is required to give
evidence, 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,
shall act in accordance therewith and shall provide for the
safe custody of such person during his absence from the
place in which he was confined or kept.
Warrant for
witness.
Summoning
prisoner, et.,
as witness.
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Power to
call or re-call
witnesses.
166
53. The court, at any stage of the proceedings, may
call any person as a witness or re-call and ftirther examine
any person already examined and the court may examine
or re-call and further examine any such person if his
evidence appears to the court to be essential to the just
determination of the case.
Evidence of 54.?(1) Every witness shall in criminal proceedings be
witness to be examined upon oath and the court before which any witness
on oath or
affirmation.. Shall appear shall have full power and authority to admi-
nister 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 solemnly
promising and declaring that the evidence to be (riven
by him to the court shall be the truth, the whole truth and
nothing but the truth and such affirmation shall. be of the
same force and (Aka as if he had taken the oath :
Provided further that the court may examine without
oath any child of tender years who does not, in the opinion
of the court, understand the nature 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
administered 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 such oath.
Order of 55.?(1) Every witness shall in criminal proceedings
examina- be first examined-in-chief by the party calling him then,
tion of
witnesses, if any other party so desires, cross-examined, then, if the
party calling him so desires, re-examined.
(2) The examination and cross-examination must relate
to relevant facts; but the cross-examination, need not he
confined to the facts to which the witness testified on his
examination-in- chief.
(3) Except with the permission of the court, the re-
examination shall be directed to the explanation of matters
referred to in cross-examination; and, if by permission
of the court new matter is introduced in re-examination,
the other party may further cross:examine upon that matter.
(4) When an. advocate appears for any party, the
exanlination-in-chief, cross-examination and. re-examination
as in this section provided shall be conducted by such
advocate.
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1.67
. .
56. In any criminal proceedings where more than one
accused is charged at the same time?
(a) each accused shall be allowed. to cross-examine a
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
may be cross-examined by such co-accused and,
if so cross-examined, such cross-examination shall
take place before cross-examination by the
prosecution.
Cross-
examine-
tion of
witnesses
by co-
accused.
57.?(1) Whenever any person, appearing either in
Refractory
obedience to a summons or by virtue of a warrant, or being witnesses.
present in court and being required by the court to give
evidence? ?
(a) refuses to be sworn or make affirmation; or
(b) haying 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 he is required to produce ; or
(d) refuses in a preliminary inquiry to sign his depo-
sition,
without in. any such case offering any excuse to the satis-
faction of the court for such refusal or neglect, the court
may, by warrant, commit such person to prison, unless he
sooner consents to do what is required of him.
(2) If such person, upon being brought before the court,
again refuses to do what is required of him, the court may,
if it sees fit, again commit him and so again from time to
time until such person conSents to do what is so required of
him.
(3) Any person committed to prison under the provisions
of this section may appeal to 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
mutatis mutandis to a witness committed to prison under
this section.
(4) Nothing herein contained shall affect the liability
of any such person to any other punishment or proceeding
for refusing or neglecting to do what is so required of him,,
or shall prevent the court from disposing of the case in the
meantime according to any other sufficient evidence taken
before it.
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'Dumb
witnesses.
Court may
order pay.
merit of the
costs and
expenses of
witness.
Tkkkil Ig
A)videuve by
commission.
to
charge or
information.
L'resence of
accused
during
trial.
168
58.---(1) A witness who is unable to speak may take the
oath or affirm and may give his evidence in any manner
in which he can make it intelligible, such as by writing or
by signs; but such writing must be written, and the
signs made, in open court.
(2) Evidence so given shall be deemed to be oral evidence.
59. Where any person appears before the court on
summons, recognizance or by virtue of a warrant to give
evidence either on behalf of the prosecution or on behalf
of the accused, the court may, at any stage of the pro-
ceedings, order payment of such costs and expenses of such
witness together with compensation for his trouble and
loss of time, as may be prescribed.
60. Any court may, in any criminal proceedings in which
it appears necessary for the purpose of justice to do so, make
any order for the taking of evidence on oath before
any officer of the court or any other person or persons
and at any place within or without the Colony, of any
witness or person, and may order any evidence so tak(m.
Lo be filed in the court and may empower either the
prosecutor or the accused to produce such evidence
on such terms as such court may direct. An appeal shall
lie from any order made under this section to the Supreme
Court and shall be brought by notice of appeal given to the
Chief Registrar and to the other party within ten days from
the date of the order and the Supreme Court may set aside,
confirm or amend such order.
Chapter V.:?General provisions as to pleas and procedure
in all trials, summary and on information.
61. The person. to be tried upon any charge or information
shall, when present, be placed before the court unfettered
unless the court shall otherwise order and the Charge or
intbrmation shall be read over to him by the judge or other
officer of the court, who may if necessary explain to him
the matter and contents thereof', and such person shall be
called upon to plead instantly thereto :
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 allow such further time on such terms as it
may think fit.
62.?(1) The accused shall be entitled to be present at the
court during th.e whole of the trial so long as he conducts
himself properly.
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169
(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 be out of court during the whole or any part
of the trial, on such terms as it may think fit.
63.?(1) Whenever any evidence is given in a language intorpre-
t,,,aytirricoef
not understood by the accused, and he is present in person,- to
it shall be interpreted to him in open court in a language aeons-ed.
which he understands:
Provided that when he is defended by an advocate
interpretation may, with the consent of the advocate and
the approval of the court, be dispensed with.
(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
such oath, as it may think fit, that he will well and truly
carry out the :interpretation.
64. Any objection to a charge or information for any - objectiou.
or informa.
.formal defect on the face thereof shall be taken imme-
diately after the charge or information has been read over tion.
to the accused and before he pleads thereto but not later.
- 65. When the accused is called upon to plead, he may Pleas by
plead: guilty, or not guilty or any such special plea as is accused.
specified in section 67 of this Law and his plea shall be
recorded by the court.
66.?(1) If the accused pleads guilty and the court mea of
is satisfied that he understood the nature of his plea, the gty or
court shall proceed as if the accused had been convicted by gl
the judgment of the court.
(2) If the accused pleads not guilty, the court shall
procee(.i with the hearing of the case in the manner in.
section 72 of this Law prov ided.
? (3) If the accused refuses, or will not answer directly, ()L.
by reason of physical in fi um ity is unable, to plead, the court
shall proceed in the same manner as if he had pleaded not
guilty.
67.?(1) The accused may, before pleading to the charge pleas.Spooi
or information, plead--
(a) that the court before which he is called upon to
plead has not and that some other court has
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Insanity of
accused.
Pleading to
charge of
previous
conviction.
170
jurisdiction over him or over the offence with which
he is charged, and, if the plea is sustained, th.e
court shall send the case to be tried before the
court in the Colony which has jurisdiction, over
the offend.er or over the offence;
(b) that he has been previously convicted or acquitted,
as the case may be, on the same facts for the same
ollerice
(c) that he has obtained a pardon for his offence.
(2) If either 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 shall try whether such. plea is true in fact
or not.
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.
68.?(I) If any person, when called upon to plead, appears
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
overnor.
(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 ease, 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 h.e thinks fit as to the custody of any person
directed to be detained as in this section provided.
69.--(1) Where an accused person is charged with .having
previously been convicted, he shall not, when called upon.
to plead, be required to plead to any statement charging
him with having been previously convicted except at the
end of the trial and only if he had pleaded guilty to, or was
Found guilty on, the rest of the count containing such
tatern en t.
(2) kkrhere a person may properly be required to plead
lo a statement charging him with a previous conviction,
he shall be asked if he has been previously convicted as
alleged and, if he admits that he has been previously so
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171
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 circumstances
of the case may require.
70.--(1) Where the accused is a corporation such corpo-
ration may appear and plead to a charge or information,
by its representative, by entering a.plea in writing) and, if
either. the corporation does not appear by representative or,
though it does so appear, fails to enter any plea, the court
shall 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 authorized to do but a person so appointed
shall not, by virtue only of being so appointed, be qualified
to act on behalf of the corporation before any court for any
other purpose.
A representative for the purposes of this section need.
not be appointed under the seal of the corporation and
a statement in writing 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.
71. If the accused pleads not guilty, the court Witnesses
shall direct that all witnesses shall leave the court : to leave the
effort during
Pro-vided that-- hearing
(a) the court may permit professional .and technical
witnesses to remain in court ; and
(b) failure to comply with the provisions of this section
shall not invalidate the proceedings. -
72.?( 1) After the witnesses have left the court as in
section 71 of this Law provided; the court shall proceed
to hear the case in the manner following
(a) the prosecutor or the advocate for the prosecu-
tion shall proceed to call the witnesses and adduce
such other evidence as may be adduced in support
of the case- for the prosecution;
Appearance
and plea by
corporation. '
Hearing of
the ease.
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Procedure
at trial of
more persons
than one.
(b)
172
at the close of the case for the prosecution, the
ov,!!used or his advocate may submit that a prima
:facie, case has not been made out against the accused
Si fficiently to require him to make a defence
and, if the court sustains the submission, it shall
acquit the accused ;
(c) at the close of the case of the prosecution, if it
appears to the court that a prima .facie case is
nuLde out against the accused sufficiently to
requ ire, him to niake a defence, the court shall call
intim lion. for his defence and shall inform him
I hat in may make a statement, without beim:
sworn, frinn the place where fie then is, in which
case he will not be liable to cross-examination or
ev Hence in the witness box, after being
sworn as a witness, in which case he will be liable
Lu cross-examination as a witness
(d) after the accused has made a statement or has
given evidence as hereinbefore provided., he may
cad any witness or other evidence he has to
tilduce 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 tit& ease 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.
73. Where more persons than one are tried together,
the court may regulate the procedure to be followed at the
hearing in any way which may appear desirable and which
is not inconsistent with the provisions of this Law.
Cross- 74. Where, during or upon a joint trial, one of the accused
examination gives evidence under section 72 (c) of this Law and,
by co.
accused. in so doing, incriminates one of his co-accused, such
co-accused shall be entitled to cross-examine him and such
cross-exami natioit shall take place before cross-examination
by the prosecuti(m.
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173
75.?(1) At the conclusion of the hearing the court
shall consider the whole case and deliver its judgment
and, for this purpose, may adjourn the trial.
(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 76 and 77
of this Law, proceed to consider what sentence shall be
imposed upon him.
In deciding what sentence shall be imposed, in case the
court consists of more than one judge and there is an
equality of votes, the president of the court shalt have an
additional or 'casting vote.
(4) If the court acquits the accused, he shall be imme-
diately discharged from custody unless he is acquitted
on the grounds of insanity.
76. If the court finds the accused guilty or if the accused Allocutue.
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.
Aoquitteil of
conviction.
77.?(1) The accused may, at any time before sentence, motion in
whether on his plea of guilty or otherwise, move in .arrest ;tun:37.1%1f..
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.
78. 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 76 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.
Sentence.
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Outstanding
offences.
174
) 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:
Provided that, if any criminal proceedings are pending
in respect or 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.
(2) When consent is given as in sub-section (1) of this
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.
Variances. 80. No variance between the facts proved at the trial
and the statement of the offence in the charge or informa-
tion shall affect the validity of the proceedings unless the
court considers that the accused has thereby been actually
misled and prejudiced in h is defence, in which case the
court inay, 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.
Alteration 81. --- ( 1) Where, at any stage of a trial, it appears to the
of defective court that the charge or information is defective, either in
charge
iitformaortion. substance or in form, the court may make such order
for 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 as having been filed in the altered form.
eromxiarn 82,41) When a charge or 'information is altered as in
on alteration section 81 provided, the court shall forthwith call upon
or charge or
information. the accused to plead thereto and to state whether he is
ready to be tried on such altered charge or information.
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176
(2) If the accused declares that he is not ready, the
court shall consider the reasons he may give and, if pro-
ceeding 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 pro-
secutor, 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 commencement of the trial the evidence already
given in the course of the trial may be used without being
reheard but the parties shall be allowed to recall or
re-summon any witness who may have been examined and
examine or cross-examine such witness with reference to
such alteration.
83.?( 1 ) . If part only of the charge or information is
proved and the part so proved constitutes an offence, the
.accused may, without altering the charge or information,
be convicted of the offence which he is proved to have
committed.
(2) If a person is charged with an offence, he may,
without altering the charge or information, be convicted
of attempting to commit the offence.
(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 were convicted
on the charge or information, and that the accused. would
not be prejudiced thereby. in his defence, th.e court may
direct a count or counts to be added to the charge or
information charging the accused with such offence or
offences, and the court shall give their judgment thereon
as if such count or counts had formed a part of the original
charge or information.
Proof of
part of
charge or
information
or of offence
not con.
tamed
therein.
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Quashing of
clOtrge Or
illrormation.
Vire, or
It it.
Limitation
or time for
aliarges in
,aurninary
!Ants in
curtain
cases.
Proceedings
on non-
appearance
of accused
or prose-
cutor.
I Krence
provina tltI
-
suitable for
ii notary
176
84. If a charge or information does not state, and cannot
by any alteration authorized by this Law be made to state,
any offence which, in the opinion of the cohrt, was within the
reasonable contemplation of the accused, it shall be quashed.
either on a motion made before the accused pleads or on a
motion made in arrest of judgment.
A written statement of every such motion shall be
delivered to the registrar or other officer of the court by
or on behalf of the accused and shall be entered upon the
record.
85.- - -(1) Where it appears to the court that in the interest
of justice the court should have a view of any place, person
or thing connected with the case, the court may proceed
to view the place, person or thing concerned.
(2) The accused shall be present at the view, unless
the court otherwise directs an.d the court may generally
give such directions regarding the said view and proceedings
thereat as to it may seem fit. -
Chapter VI.--?--Special iveviion8 It Nummary trials.
86. Except where a longer time is specially allowed.
by any Law in force for the time being, no charge shall be
brought against any person for any offence the punishment
for which does not exceed imprisonment for three months
or a line of twenty-five pounds or both, unless the charge
is brought within six months from the day of the
commission of the offence.
87.----(1) If at any summary trial at the time appointed
for his appearance, an accused whose personal attendance
has not been dispensed with under sub-section (1) of section
44 of this Law, fails to appear then, on proof of service of the
summons upon hint, the court- may proceed to hear and
determine the case in his absence or, if it thinks fit, adjourn
the case and issue a warrant for his arrest under the
provisions of this Law.
(2) If, at the time appointed for the hearing 4?:g the case,
the accused appears but the prosecutor .fails to appear,
the court shall acquit the accused unless for some reason
it thinks proper to adjourn the hearing of the case to Some
other day, upon such terms as it may think fit.
88. If, before or during the course of a summary trial,
it appears to the court that the case is one which ought
to be tried by. an Assize Court, the court shall stop further
proceedings and direct a preliminary inquiry to be held
wider the provisions of this Law.
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89. Subject to the provisions of section 151 of this Law,
, if a prosecutor in any summary trial, .at any time
before a final order is passed, satisfies the court that there
are sufficient grounds for permitting him to withdraw the
charge, the Court may permit him to withdraw the same
and shall thereupon acquit the accused:
Provided that, if the charge is so withdrawn before the
accused had pleaded to it, the accused shall be discharged
but such discharge shall not operate as an acquittal.
Chapter VII.?Preliminary Inquiry.
90. Whenever any charge has been brought against any
person of an offence not triable summarily or as to which
the court is of opinion that it is not suitable to be disposed
of by summary trial, a preliminary inquiry shall be
held by a judge in accordance with thei)rovisions hereinafter
in this Chapter contained.
Withdrawal
of charge.
Preliminary
inquiry to
be held for
offences not
triable
summarily.
91. Where a judge holds a preliminary inquiry, the Procedure
following provisions shall apply in prelimi-
nary in-
(a) when the accused appears or is brought before the cluiries-
judge, the judge shall read and explain to him the
charge to which the accused, however, should not
be required to plead and, if any plea is made,
it shall not be recorded by the judge;
(I?) the judge shall proceed to take the evidence of
the witnesges for the ,prosecution, in the manner
in sections 94 and 95 of this Law provided, in the
presence of the accused and, whenever any
evidence is given in a language not understood by
the accused, the provisions of section 63 of this
Law shall be applied:
Provided that, if the accused does not conduct
himself properly, the provisions of sub-section (2)
of section 62 of this Law shall apply mutatis
mutandi8 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 92 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 be able
to conduct your defence and call any witnesses
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178
011 your own behalf. Unless you wish to reserve
your defence, which you are 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
al; 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 any threat which may have
been field 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 accused 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 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 afore-
said 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 94 and 95 of this Law
provided
(I') the accused or his advocate shall be at liberty
to address the Court--
(j) after the examination of the witnesses
called on behalf of the prosecution ;
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(ii) if no witnesses for the defence are called,
immediately after the statement or
evidence of the accused; if witnesses for
the defence 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 92, if; at the
close of the case for the prosecution, or after
hearing any evidence in defence, the judge
considers 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 consent of
the accused and the Attorney-General to an Assize
Court then in session in such district and, subject
to the provisions of sub-section (2) of section 154
of this Law, either admit him to bail or commit
him to prison for safe keeping.
92. Where there is a conflict of evidence, the judge shall (-Afflict of
consider the evidence to be sufficient to commit the accused evidence'
for trial if the evidence against him is such as, if uncon-
tradicted, would raise a probable presumption of his guilt.'
93. In the case of a cbrporation, if the judge considers committal
that there is sufficient ground for committing the accused .caft=9-
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 committal for trial, empowering the
Attorney-General to file an information against such
corporation.
94.-4) At every preliminary inquiry, the judge shall DoPositioii.
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 evidence of every witness so taken ,shall in this
Law be referred to as " deposition ".
(2) The deposition of every witness shall be read over
to him and shall be signed by him and attested by the
judge before whom the evidence was taken, the accused,
the witness and the judge being all present together at the
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Taking de-
position of
witness who
as ill, etc.
180
time of such. reading, signing and attesting subject always
to the proviso to paragraph (b) of section 91 of this Law.
(3) If the witness is 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 shalt make a note of such refusal on the deposition,
with its reason if ascertained.
95.?(1) If it is made to appear to any Judge that any
person dangerously ill, not likely to recover or unable to
travel, is able andto give material evidence
relating to any offence triable on information with which
any person has been charged (whether the preliminary
inquiry has not been held or has ended or is in progress, but
not after the accused has been discharged), the judge may
take the deposition of such person in the manner in section
91 of this Law provided, -subject however to the provisions
of sub-section (2) of this section. .
(2) The judge taking the deposition shall, where practi-
cable, 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 and place
where it is to be taken; and, if the accused is in custody,
direct the officer having the custody of the accused to
cause him to be conveyed to the place where the deposition.
is to be taken, fOr the purpose of being present when it is
taken, and to be taken back to the place of custody:
Provided that nothing in paragraph (b) of section 91
of this Law or in this sub-section 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 paragraph (b) of section 91
of this Law shall, so far as applicable, be followed in con-
nection with depositions taken under this section.
(4) If such deposition relates to an offence as to which--
(a) 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
whi.ch the preliminary inquiry has been held ;
(c) a preliminary inquiry is in progress, the judge
aking the deposition shall send it to the registrar
of the court in which the preliminary inquiry is
being field,
and every such deposition shall be treated as, and shall be
Considered for all purposes to be, a deposition taken
during the preliminary inquiry.
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181
96.?(1) 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 sub-
section (2) of this section are satisfied, without further
proof, be received and read in evidence on the trial of that
accused, whether for that offence or for any other offence
arising out of the same facts or set of circumstances, as that
offence.
(2) The conditions hereinbefore referred to are the
following
(a) the deposition must be the deposition either of a
witness whose attendance at the trial is stated to
be unnecessary in accordance with the provisions
of section 98 of this Law (not being a witness
who has been subsequently notified that he is
required to attend the trial) or of a witness who
is proved at the trial to be absent from the
Colony or to be kept out of the way by means of
the procurement of the prosecutor or.the accused
or on behalf of either or to be dead or insane or so
ill as not tot) be able to travel or to be unable to
attend for any other .sufficient cause to the
satisfaction of the court; and
(b) the deposition must purport to be attested by the
judge before whom it purports to have been taken
and the deposition shall be deemed to have been
so attested unless it is proved that in fact it was
not so attested.
97.?(1) The judge holding the preliminary inquiry
shall bind over every witness, called at such inquiry and
whose deposition has been taken, to attend to give evidence
at the trial of the accused before the Assize Court.
(2) Every witness so bound over shall enter into a
recognizance and such recognizance shall specify the name
and surname of the person entering into it, his occupation
or profession, if any, and his address.
Such recognizance may be either at the foot of the depo-
sition or separate therefrom and shall be acknowledged
by the person entering into it and be subscribed by the
judge before whom it is acknowledged or by an officer of
the court.
(3) Any witness who refuses, without reasonable excuse,
to enter into sudh recognizance may by warrant be
committed by the judge holding the preliminary inquiry
to 'prison, there to be kept until after the trial or until
the witness enters into such recognizance before a judge:
Provided that, if the accused is afterwards discharged,
any judge may order any such witness to be discharged
forthwith.
Depositions
may bp
read as
evidenco in
certain
cases.
Binding
over of
witnesses.
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Conditional
binding
.rvor of
witnesses.
Transmission
of record of
preliminary
inquiry,
1.82
98.?(1) Where a person charged before a judge with
an. offence triable upon information is committed for
trial and it appears to the judge, after taking into account
anything which may be said with reference thereto by the
prosecutor or the accused, that the attendance at the trial
of any witness who has been examined before him is un-
necessary by reason of anything contained in any statement
by the accused 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 over, direct that
he shall be treated as having been bound over to attend
omly conditionally as aforesaid and shall transmit to the
court of trial a statement in writing of the names,
addresses and occupations of the witnesses who are, or
who are to be treated as having been, bound over to attend.
the trial conditionally..
(2) Where a witness has been, or is to be treated as
having been., bonncl over conditionally to attend the trial,
the Attorney-General or 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 the
Assize Court, to the registrar of that court at any time
thereafter, that he desires the witness to . attend at the
trial, and the Chief Registrar or the registrar of the Assize
Court, as the case may be, to whom any such notice is
given shall cause the witness to be notified that he is
required so to attend in pursuance of his recognizance.
(3) The judge shall, on committing the accused for trial,
inform him of his right to require the attendance at the
trial of any such witness as aforesaid and of the steps
-which he must take for the purpose of enforcing such
attendance.
99. In the event of a committal for trial a certified copy of
the charge, the depositions, the statement of the accused,
the recognizances of the witnesses, the bail bonds? if any,
..trid certified copies, as may be conveniently, made, of such
documentary exhibits, shall be transmitted without delay
by the registrar of the court in which the committal was
made to the Chief Registrar for transmission to the Assize
Court before which the trial is to be held and similar copies
hall. be transmitted to the Attorney-General.
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183
The originals of all the documents transmitted to the.
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.
100. A person who has been committed to trial shall be Accused to.
- entitled to have a copy of the charge, the depositions and hof"Lreor
of his statement and, where practicable, of any documents tions, etc.,
which have been put in evidence, on payment of the on payment.
prescribed fees.
101.?(1) If, in the . course of a preliminary inquiry,
it shall appear to the judge- that there are no sufficient
grounds for committing the accused for trial but that the
evidence discloses an offence triable summarily, the judge
shall cause a charge to be framed against the accused for
such offence.
(2) The trial shall then continue as in 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.
102. If the judge who has commenced a preliminary
inquiry is unable for some good cause to continue it after
an adjournment, any other judge of the court may continue
the same and may recall any witness already examined for
the purpose of putting further questions.
103. If, during a preliminary inquiry, it shall appear
to the judge that the offence in respect of which the accused
is charged has not been committed within the limits of the
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, recognizances, 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,
recognizances, 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.
Power of
judge to
try surnma-
rily during
course of
preliminary
inquiry.
Preliminary
inquiry may
be continued
by other
judge.
Transfer of
case where
offence
committed
outside ju-
risdiction.
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Trial before
A ssize Court
to be on in.
formation.
In formation
may charge
accused
with any
offence dis-
closed in
depositions.
Form of
information.
Sections 39,
40 and 41 to
apply to
informations
Additional
witnesses.
184
Chapter V111.----Special? provisions in trials on
information.
104. No person shall be put upon his trial fbr any offence
not triable summarily, although he may have been
committed for trial, except upon an information filed by the
Attorney-General in. the Assize Court in which such person
is to be tried.
105. In any such information, the Attorney-General
may charge the accused with any offence, which in the
opinion of the Attorney-General is disclosed by the
depositions either ii addition to, or in substitution for, the
offence upon which the accused has been committed for trial.
106. 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 the following particulars :--
(a) the name and description of the accused committed
for trial ;
(b) the name of the committing judge, 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 38 of this Law which shall apply mutatis
mutandis to the framing of informations 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 information.
107. Sections 39, 40 and 41 of this Law (relating
respectively to the joinder of counts, joinder of persons
and the manner in which parties to offences may be charged)
shall apply mutatis mutandis to informations as they apply
to charges.
108. A person who has not given evidence at the
preliminary itiquity 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;
(b) a person called only to prove that a witness who
has given evidence at the preliminary inquiry
cannot be produced at the trial;
(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.
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185
Chapel; IX.- ?Judgments.
109.?(1) The j udgment in every trial under this Law
shall be pronounced or the substance of such judgment
shall be explained in open court either immediately after
the termination of the trial or at some subsequent time of
which notice shall be given to the parties or their advocates,
if any.
(2) The accused shall, if in custosdy, 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
in the absence of the accused under sections 62 or -87
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 them, notice of
such day.
110.?(1) Every such judgment shall be recorded in
writing and, in cases where appeal lies, shall contain the
point or points for determination, the decison thereon
and thq 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
any other member of the court, at the tirrre of pronouncing 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.
111. When a judge, having .tried a ? case is prevented
by illness or other unavoidable cause from delivering his
judgment; such judgnient, if the same has been reduced
into writing and signed by the judge, may be delivered
and pronounced in open court by any other judge.
. 112. On the application of the accused, a copy of the
judgment shall be given to him without delay free of cost.
113. When a person has been directed to be detained
during the Covernor's pleasure, the judge or the presiding
judge shall forward to the (overnor a copy of the notes
of evidence tak'en at the trial, with a report, in writing
containing any recommendations or observations on the
case as such judge may think fit to make.
Mode of
delivering
j udgment.
Contents of
judgment.
Delively of
judgment
by another
judge in
certain
cases.
Copy of
j udgment
to accused.
Notes of
evidence and
report to be
forwarded
to the
(Jovorn,)r
in certain
cases.
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li:ommenee-
inotit of
sentence of
imprison-
ment.
Court may
order police
sttpervision
in certain
cases.
l'aytm nt of
penalty.
I 86
114.-----(1) Subject to the provisions of sub-section (2)
of this section a sentence of imprisonment shall take effect
from and shall include the whole of the day on which it
was pronounced.
(2) A sentence of imprisonment passed on a person.
already sentenced to a term of imprisonment shall, unless
the court otherwise directs, commence at the expiration
of the former sentence.
115.?(1) When any person, having been.. convicted of
any offence punishable with imprisonment for a term of
three years or upwards, is again convicted of any offence
punishable with imprisonment for a term of three years
or upwards, the court may, if it thinks fit, at the time of
passing sentence of imprisonment on such person, also
order that he shall be subject to police supervision as herein-
after provided for a term not exceeding five years from.
the date of the expiration of such sentence :
Provided that, if such conviction is set aside On appeal
or otherwise, such order shall become void :
Provided further that, ? if the conduct of the person
convicted is such as to make it, unnecessary that he should
remain under such supervision, the court may, at any
time, discharge such order.
(2) Every person subject to police supervision, who
is at large shall, unless the court otherwise directs, report
himself personally once in each month to the officer in charge
of the police station nearest to his place of residence at such
time as may be directed by such police officer and forthwith
notify to such officer any change of such residence.
(3) If any person subject to police 5upervision, who
is at large. refuses or neglects to comply with any
requirement as provided by the last preceding sub-section
such person shall, unless he proves to the satisfaction of
the court that he did his best to act in conformity with
such requirement, be guilty of an offence and be liable
to imprisonment for a term not exceeding six months.
PART ? --E x MUTTONS AND RECOVERY OF PENALTIES.
--(1) Any peualty ordered to be paid may bo ordered
to be paid forthwith or at such subsequent time or 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.
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181_
117. Any court by which any penalty is ordered to be fitterrega.
tpi ?erns aoaf
paid may interrogate the person against whom it is made as
as to his means of payment and, if he is not present before to his
the court at the time when the order is made, may, if it moans.
shall think fit for that purpose, issue such process to
compel his appearance as it may issue to compel the
attendance of a witness.
118.?(1) When ordering the payment of a penalty, warrant for
eovnya ot yf
the court shall, subject to the provisions of section 126
of this Law, specify the period of imprisonment which the
person affected shall undergo in default of payment of such
penalty and such period shall, be inserted in any warrant
issued under sub-section (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 M section 119 of this Law:
Provided that no execution on the immovable property.
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 ntay 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.
? 119. Subject to the provisions of section 118 of this manner of
Law, the provisions relating to execution of judgment debts
of 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 118 of this Law.
120. Any person claiming to be entitled ? to, or to have. claim on
any interest in, the whole or part of any property taken tilipoqy
in execution of a warrant issued under section 118 of this eaxeaLILL.
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.
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Commit-
tnent to
priuon.
Commit-
inent in
11011 of
warrant of
execution.
Payment
after corn-
naitmcnt.
Application
of sum
received
linder
warrant.
itetinetion
ilI period of
i inprtson-
!limit On
part pay-
inent of
penult y.
188
121. If the officer executing a warrant reports to the
court that he could find no property or 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 126 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.
122. 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 126 of this Law, unless
the amount and costs of execution are sooner paid.
123. 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.
124. 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
(a) costs of execution ;
(b) costs of the proceedings as may have been directed
by the court;
(e) compensation or damages as may have been
directed by the court;
((1) fine or any other amount payable into pubic
125.?(1) Where an amount is received in part satisfaction
of a sum due under a warrant of execution or a warrant
of commitment, the procedure as hereunder in this sub-
section set forth shall be followed :----
(a) the imprisonment shall be reduced by a :number
of clays bearing as nearly as possible the same
proportion 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;
?
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189
(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.
126. Where a person is committed to prison as in
this Part of this Law provided, the period of imprisonment
in respect of any sum not exceeding the amount set out
in the First Column of the Table in this section contained
shall not exceed the corresponding term set out in the
Second Column.
TABLE.
First Column
Second Column
10s. -
?1
?2
?5
?20
?50
?100
5 days.
10 days.
20 days.
month.
3 months.
6 months.
year.
Period of
imprison-
ment in
case of
commit-
rnent.
127. Where any court issues any warrant of execution Detention
under this Law, it may suffer the person against whom the after t f
warrant is issued to go at large or order him to be detained ewxarecrion?.
in Custody until return is made to the warrant, unless he
shall give sufficient security by recognizance or otherwise
to the satisfaction of the court to appear before the 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 recognizance or other security may be thereupon
forfeited.
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Orders by
A ssize
Courts.
No appeal
in criminal
cases except
as provided
for.
Appeals
from Assize
Court
against con-
viction.
190
128. Notwithstanding anything in this Law or any other
enactment contained, every order for the payment of a
penalty made by an Assize Court shall be executed and
every process thereon shall be issued by any member of the
district court of the district in which such Assize Court
at for the trial of the case in respect of which the order was
n ade.
)A TIT V.
Chapter 1.---Appeals.
129.?(1) Subject to the provisions of any other enact-
ment in force for the time being, no appeal shall lie from
any 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
at the instance or with the written sanction of the Attorney-
General, as in this Law provided.
130.?(1) Any person convicted by an Assize Court and
sentenced to death or to any term of imprisonment or to
a fine exceeding twenty pounds may, subject to the
provisions of sections 132 and 133 of this Law, appeal to
die 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 a 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 for leave to appeal to be a sufficient
ground of appeal ;
(e) with the leave of a J udge 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 to appeal as of right on a
point of law as in paragraph (a) of sub-section (1) of this
!iection provided, desires to appeal to the Supreme Court,
ie shall give notice of appeal by causing the same to be
deli vered to the Chief Registrar within ten days of the
date upon which sentence was pronounced,
(3) Where a person desires to appeal to the Supreme
Court as in paragraphs (b) and (c) of sub-section (1) of this
ection provided, he shall 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.
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191
(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 wi.th the provisions
of sub-section (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 th.e Chief Registrar.
131.?(1) Any person convicted by a district court Appeals
and sentenced to any term of imprisonment or to a fine f(Irstnirtot
exceeding ten pounds may, with the leave of a Judge of courts
the Supreme Court and subject to the provisions - of ageonclion.
sections 132 and 133 of this Law, appeal to the Supreme
Court against conviction or sentence.
(2) Where, a person desires to appeal as in sub-section (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.
(3) The provisions of sub-section (4). of gection 130 of
this Law shall apply mulatig mutandis to applications' for
leave to appeal under this section.
132. A person who has been convicted and sentenced Appeal
by any court upon a plea of guilty shall only be entitled oafttgortstiye!
to apply for leave to appeal to the Supreme Court-r-
(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 any offence.
133. No appeal or application for leave to appeal shall No appeal
lie where a person has been adjudged to undergo imprison- apttiorno;
ment for failure to comply with an order for the payment in certain
of any penalty or other money, for finding sureties, for
entering into any recognizance or for giving any security.
134.--(1) The Attorney-General may-- Appeal by
(a) appeal or sanction an appeal from any judgment 4totn'errna?1''Y'
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 some irregularity of
procedure;
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Form of
notice and
of appli-
cation for
leave to
appeal.
Procedure on
receipt of
notice of,
or appli-
cation for
leave to,
appeal.
192
(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
1-II-using notice of appeal to be delivered to the registrar
theslistrict 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 authorize in that
behalf and shall set out in full the grounds on which it is
tiumd.ed.
135. ? Every notice of appeal and every application for
leave to appeal shall?
(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 fnr leave to appeal
Omit be valid unless it complies with the requirements of
Ihis section.
136.---(1) 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 sub-section (3) of this section.
(2) Upon receipt of 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 sub-section (3) of this section.
(3) The documents and exhibits to be transmitted as
in. sub-sections (1) and (2) of this section provided shall
he 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;
(d) the judgment of the court;
(e) all documents which may have been put in evidence
of which the court has the custody or certified
copies of an.y of then.' of which the court has not
the custody;
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_ 193
(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 application for leave to appeal.
(4) The documents and exhibits specified in sub-section
(3) together with the notice of appeal or the application
for leave to appeal under sub-section (1) of this section
shall constitute the file of the proceedings (in this part
referred to as "the file of proceedings ").
137.?(1) In the case of an application for leave to appeal, Procedure
the Chief Registrar shall, as soon as conveniently may be 7,rfigetit't
after he has received the file of. proceedings, present the Proceedings.
same to a Judge of the Supreme Court sitting in chambers
(in case of an appeal from a, judgment of an Assize Court,
not being the Judge who presided at the trial) for
consideration of, and decision on, the application.
(2) The Judge of the Supreme . Court, after. -,perusing
the file of proceedings and without hearing the applicant
or his advocate or the Attorney-General or his repre-
sentative, shall either refuse leave to appeal or 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 on the ground.
that substantial miscarria(re 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) Where, 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
imprisonment pronounced 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. -
(4) When a Judge of the Supreme Court has granted.
leave to appeal, he may, pending the hearing of the appeal
and subject to the provisions of sub-section (2) of section
154 of this Law, suspend the execution of any sentence
passed upon the applicant.
(5) Every order of a judge of the Supreme Court on an
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 and, where leave to appeal is
refused and the applicant is in prison, to the officer in charge
of the prison fOr communication to the prisoner.
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Pixing date
of hearing
of appeal
and notice
thereof.
Abandon-
ment of
appeal or of
application
for leave
o appeal.
l'roceduro
on hearing
I ho appeal.
194
138.---(l) The Chief Registrar shall, as soon as conve-
niently may be after the delivery of a notice of appeal or
after leave to appeal has been granted, as the case may be?
(a) fix the time for the hearing of the appeal ;
(b) give notice thereof in the case of a private
prosecution to the prosecutor or his advocate
midi in every other case to the Attorney-General ;
(e) 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 writing of the time so fixed
to be served on the appellant as in sub-section (2)
of this section provided.
(2) Service of the notice as in paragraph (e) of sub-section
(1) of this section provided shall 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
lltell notice on the appellant or by leaving the same at the
appellant's address for service and a certificate of such
4e,rvice under the hand of such officer or person. shall be
evidence that the notice has been duly served.
139. An appellant or applicant may abandon his appeal
or applicatioa by giving notice of such abandonment to
the Chief Registrar and, on such notice being received
by the Chief Itegistrar, the appeal or application, as the
ease may he, shall he deemed to have been dismissed by
he Supreme Court.
140.---(1) An appellant, notwithstanding that he is. in
custody, shall be entitled to be present, at the hearing
of. Ilie appeal if In has expressed such desire in his notier 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
(late fixed for the hearing ,of the appeal.
(5) When an appeal is presented against an acquittal.
A warrant may he issued out of the Supreme Court directing
d hat the accused be arrested and brought before it and may
commit him t. to prison pending the disposal of the appeal
or admit him to bail.
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1?10,
195
141. The Supreme Court shall hear and determine the
appeal only on the grounds set out in the notice of appeal
or the order granting leave to appeal:
Provided that the provisions of this section shall not
apply where, on the hearing of the appeal, the Supreme
Court is of opinion that a substantial miscarriage of justice
has occurred. _
142.?(1) In determining an appeal against conviction,
the Supreme Court, subject to the provisions of section 150
of this Law, may--
? (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 :
(c)
Provided that the Supreme Court, notwith-
standing that it is of opinion that the point raised
in the appeal might be decided in favour of the
appellant, shall dismiss the appeal if it considers
that no substantial miscarriage of justice has
actually occurred;
set aside the conviction and convict the appellant
of any offence of which he might have been con-
victed 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
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.
Supremo
Court not
to hear any
party except
on grounds
of appeal.
Powers of
Supreme
Court in
determining
appeals.
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;4upplemen-
tary powers
of Supreme
Court during
hearing of
appeal.
196
(b) from a judgment on the ground that the sentence
was insufficient the Supreme Court may--
(i) increase the sentence ;
(ii) dismiss the appeal.
143. During the hearing of an appeal and at any stage
thereof, before final judgment, the Supreme Court, subject
to the provisions of section 150 of this Law, may--
(a) call up-on 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 j ad trinent
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 ease and, upon receiving such
evidence, .inake such finding of fact as in its
opinion should have been. made by the trial court,
if such evidence had not been exc'.uded ;
(d) where it is of opinion that evidence was wrongfuLy
admitted by the trial court, make such finding
of fact as in its opinion should have been made
by such court, if such evidence had not been
admitted ;
(e) where the appeal is from a judgment of a member
of a district court--
order further evidence to be taken either
generally or on some particitlar point
htifivre the district court which passed
meaence ;
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
I he offenee by a judge in a preliminary
.inquiry and, in every such ease, the
slatements of the witnesses contained in.
Flue notes of the trial court shall be deemed
to be depositions for all purposes of the
c;ise.
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197
144.? ( 1 ) Unless the Supreme Court otherwise orders,
a sentence of imprisonment shall commence from the date
of the judgment of the Supreme Court determining the.
appeal.
(2) If t4 appeal is allowed and the conviction quashed,
the appellant shall forthwith be set at liberty and any
penalty, if already paid, shall be refunded..
(3) Subject to the provisions in sub-sections ( 1 ) and (2)
of this section, the Supreme Court may make such order
and issue such directions in respect of further proceedings
and of the custody of the appellant or his release on bail
or the suspension of the payment of' any penalty as it may
deem fit.
Chapter H.?Reservation of questions of law and stating case
for Supreme Court.
145.---.---(1) Any court exercising criminal jurisdiction may,
and upon application by the _ Attorney-General shall,
at any stage of the proceedings, reserve a question of law
arising during the trial of any person for the opinion of the
Supreme Court.
Power of
Supreme
Court as to
commence.
merit or
suspension
of sentence,
etc.
Question
of law
reserved for
opinion of
Supreme
Court.
(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 accused?
(i) confirm the conviction ;
(ii.) quash the conviction, in which- ease the
accused shall be acquitted;
(iii) direct that the judgment of the court shall
be set aside and that, instead thereof,
judgment shall be given by the court as
ought to have been given at the trial;
(b) if the court has, not delivered its judgment, remit
the case to it with the opinion of the Supreme
Court upon the question reserved. -
146.?(1) The Attorney-General and any party dissatis- Stating case
fled with the decision of a judge exercising summary
boyikodroffor
criminal 'jurisdiction as being erroneous on a point of supreme
law or as being in excess of the jurisdiction or of the powers co"rt.
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198
of the judge may, within the time set out in sub-section (7)
of this section, apply in writing to the judge who gave
the dectision to state a, ease setting forth the Ras and
grounds of such decision for the opinion of the Supreme
oiirt.
(2) lf the jndge be of opinion that the application is
frivolous, he may refuse _to state a case but, in any such
case, he shall. on the request of the appellant, sign and deliver
lo him a certificate of such reinsal :
Provided that the judge shall not refuse to state. :.:1,,rie
ease
Where application for that purpose is made by the Att
Ceneral.
(3) Where a judge refuses to state a case, it shall
be lawful 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 why such case should not be
stated and the Supreme Court may make such rule absolute
or discharge it uul the judge, upon being served with
such rule absolute, shall state a case accordingly.
(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 sub-section (3) of this section provided.
(5) The applicant shall, within ten days from the
expiration of the period mentioned in sub-section (4) of
this section, call fbr 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 the other party to the proceedings, together with a copy
of the application and an office copy of the case stated.
(6) The Supreme Court shall consider and determine
the question arising on the case submitted to it under this
section and may?
(a) set aside, confirm or amend the decision in respect
of which the case has been stated ;
(b) remit the matter to the judge with the opinion
of the Supreme Court thereon ;
if the case stated relates to an acquittal, itself
Convict and pass such sentence as ought to have
been passed at the trial;
(c)
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(ii) cause the case to be sent back for amendment,
in which case the same shalt be amended
accordingly and judgment shall be delivered
after it shall have been amended ;
(e) make such. other order as justice may require.
(7) Where the application to state a case is made by the
Attorney-General, it shall be made within fourteen days
from the date of the decision in respect of which the
application is made.
In every other case, it shall be made within ten days from
the date of such decision.
(8) Any person convicted by a district court, who applies ,
to such court to state a ease, shall be deemed to have -
abandoned any right to apply for leave to appeal to the
Supreme Court.
Chapter HI.?General.
147. Any notice, summons, order. or other written Notices, eto.,
communication given or issued for any of the purposes of taraetss
this Part of this Law shall, if left at the address named named.
by any person in. accordance with the provisions of this
Part of this Law, be deemed to have been received and
to have come to the knowledge of such person.
.148.-,--(1) 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 think fit:
Provided. that no such an order shall be made , against
a Law Officer.
(2) Any costs awarded under this section -shall be
recoverable in the manner provided for the recovery of
penalties under the provisions of this Law.
149. Every judgment or order of the Supreme Court
made under this Part of :this :Law shall be drawn up and
entered in a book to be kept for that purpose; it shall be
signed by one of the Judges of the Supreme Court and a
copy thereof certified by the Chief Registrar to be a true
copy shall be attached by him to the file of the proceedings.
150. No judgment, finding., sentence or order of a trial
court shall be reversed or altered on appeal on account
of any objection to any charge, information, summons or
warrant for any alleged defect therein in any matter
whether of substance or form unless such objection
was raised before the court whose deciSion is appealed,
from, nor for any rvariance between such charge, informa-
tion, summons or warrant and the evidence adduced
Coats on
appeal.
Judgment
to be en.
tered in
book, etc.
No judg.
ment to be
reversed on
appeal on
point of
form or
matter of
variance,
unless ob-
jection
taken at
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Nolle pro-
8equi in
eriminal
cases.
Power of
Attorney.
General to
remit case
to lower
court.
200
in support thereof unless such. objection was similarly
raised and the trial court, notwithstanding that it -
was hown that by such variance the appellant had been
deceived or misled, such court refused to adjourn the
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 any such objection to be raised.
107 VI.-----SUTIPLEMI ENT A RN: PROVT.Sf ?NS.
Chapter l..--Ooneral powers of Attorney-Oeneral in crinkingl
proceedings.
151.--(1) In any criminal proceedings and at any stage
thereof before judgment the Attorney-General may enter
nolle prosequi, either by stating in court Or informing
the court ini writing that the Crown intends that the
proceedings shall not continue and thereupon the accused
shall be at once tlischarged in respect of the charge or
intim-nation for which the wale 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 none 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 prosequi 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 none
prosequi 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 a bar to any subsequent
proceedings against him for the same offence or on account
of the same facts.
152. Whenever any person shall have been committed
for trial on information, the Attorney-General may?
(a) if he is of opinion that further inquiry is necessary
before such trial, direct that the original depo-
sitions be remitted to the court in which the
accused had been so committed and, thereupon,
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201
the dourt 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 be
dealt with under the powers possessed by such
court, direct that such case be tried and
determined by such court, notwithstanding that
such offence could not otherwise be triable by such
court.
153. With the exception of the power to appeal from any
judgment of acquittal by any district court under the
provisions of section 134 of this Law, the Attorney-General
may by writing under his hand. or by notice in 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 Co-unsel shall then operate as if such powers had
been exercised by the Attorney:General.
Delegation
of powers by
Attorney-
General.
Chapter II.- ?Bait and recognizanees.
154,?(1) Subject to the provisions of sub-Section (2) Release on
of this section, any court exercising criminal jurisdiction bail'
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.
(3) When a notice of appeal has been given or where a
Judge of the Supreme Court has 'granted, leave to appeal,
no bail shall be granted unless?
(a) a judge of the Supreme Court is satisfied that,
by his refusal to grant bail, the person affected
will be impeded or prejudiced in prosecuting or
presenting his appeal fully before the Supreme
Court ; and
(b) such person names some proper address within
the municipal limits of Nicosia where all notices,
summonses, orders and other written communi-
cations may be left for him.
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Jiaji bond.
l'ower f ()
increase nail
ancl to (wder
solliciont
sureties.
Person on
bait aliout
to leave
010 Colon y.
Iof
perorl
in
!: 1 stod y and
warrant of
(Ieliverance.
155. ) Myery bail bond shall be in the prescribed
form and shall contain an. acknowledgment on the part,
of the person entering ink) the same that he owes to His,
Majesty the King, His 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
until otherwise directed by the court.
(2) The court may require any bail bond to be execiited.
with Or without, sureties.
(3, Where a person is required to execute a hail bond
w:th or without sureties, he may be permitted to deposit
with the treasury a sum of money to such an amount as
may be fix.ed by the court in lien of executing such
bond.
156. If the court by which a person has been released
on bail is satisfied that for any reason the amount should_
In'increa,sed, or that the sureties are or have become
insufficient, it may issue a warrant of arrest directing that
the person released on hail 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.
157. If it is made to appear to a court by information
on oath that ally person released on bail is about to leave
the Colony, the court may cause him to be arrested and.
commit him to prison, until his trial or preliminary inquiry,
as the case may he, unless the court shall see tit to admit,
nim again to bail upon further bail.
158. As soon as the bail lron.d has been executed the
person admitted to bail shall be released and, if he is in
prison, the court admitting him to bail shall issue a warrant
of deliverance requiring the officer in charge of the prison
ix) 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 or section 154 of
Ihis 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.
iiisetucw) of 159.- (1) FIte surel y or sureties on a hail bond Ili ay,. at any
lime, apply to the court to discharge the bond eit her wholly
or so far as it relates to the applicant or applicants.
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(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 fay 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.
160. If a surety of a . bail bond dies before the - bond 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
to prison.
161.?(1) if the condition of any bail bond be not
corn plied with, the court in or before ,which such conditiou.
ought to he perfOimed . may endorse , thereon a certificate
setting forth that such Condition has not been performed
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 s-ueli failure within the afores.akt time, the amount
of the bond shall be recoverable from the person Or persons
bound .under the bond, in the same manner 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.
162. The provisions of sections 155 -to 161 of this Law,
both inclusive, shall apply mutatis mutandis to any
recognizance 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 sonic future sitting of the
court or when called upon or for any other matter under
the provisions of any other enactment in force for the
time being:
Provided that, in ease of forfeiture of a recognizance
conditioned as hereinbefbre provided, nothing in section 161
contained shall prevent the, court from passing any other
sentence as to the court may secin tit to meet the
circumstances of the case and which the court is empowered
to impose.
Death of
surety.
Forfeiture
of' bail bend
:mil prow-
( lure thereon.
Certain pro-
visions to
apply to
recogni-
zances.
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Costs, how
to be paid.
!osts of
witrse for
defence.
Payment of
costs by
accused.
Award of
costs to
accused. -
204'
Chapter M.?Costs and restitution.
163.--(1) The costs of every public prosecution shall, in
the first instance, be 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 delivered to the
person entitled thereto.
(3) Every order for 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. Commissioner
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, upon
presentation of such order, pay the money mentioned
therein to the person named in the order or anyone duly
authorized to receive the same on his behalf.
164. The conrt before which any information is tried
may direct that the costs of such of the witnesses called
"or the defence as were bound by recognizance to give
evidence on the part of the accused shall. be paid out of
public revenue.
165. Whenever a person is convicted of any offence,
the court may order him to pay the costs of the prosecution
in addition to any other sentence which may be passed
upon him and in the case of public, prosecutions such costs
when recovered, be paid into public revenue.
166. If in a summary trial the accused is acquitted the
court may order any person by whom in its opinion
the charge was preferred, or any person whom it may
consider responsible for having procured the same, to
pay to the accused his costs.
Disposo I of 167. --(1) Subject to the provisions of sub-section (2)
property of this section, where any property has eome into the
possession
of police,. possession of the police connection with any criminal
proceedings, 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 In.operty to the person appearing
to the court to be the owner thereof or, if tlw owner cannot
he ascertained, make such order with respect to the
property as to the court may seem fit.
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205
- (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.
- 168. Where any person is convicted of any offence by Restitution
which any other person has been deprived of any property - PrnilertY.
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 any sum named
in such order:
Provided that this section shall not apply to?
(a)
any valuable security which has been bona ,fide
paid or discharged by any person liable to pay or
discharge the same;
(b) any negotiable instrument which shall have been.
Ona fide received by transfer or delivery by any
person for a just and valuable consid.eration without
notice or without any reasonable cause to suspect
that it had been. stolen _or 'otherwise feloniously
taken;
(6) 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 tite 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.
169.--(1 ) Whenever a person is convicted of an offence _Restoration
attended by criminal force and it appears to the court that
by such force any person has been dispossessed of any vable pro-
immovable property the court may, if it thinks fit, order P"tY'
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
in a eiVll action,
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Notes of
,widence.
( ;Ito ngo of
placo of
[tial.
206
'117 V I L- EFJ,A NTEO us.
170.?(11) In eriminal proceedings, the judge or. where
the court consists of more than one judge, the presiding
ndg,e or by his direction any other judge constituting
such court, shall take down in writing the minutes of the
,!.)roceedings and the notes of evidence which shall be
;igned by him and shall be preserved as record of the
cou rt :
Vrovided that, save as provided by sections 94 and 95
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
I If the Court.
(2) Any minutes of proceedings or notes of evidence
constituting the record of the court, as in this section
tirovided, 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.
1.71.--(1) Whenever, upon application as hereinafter
provided, it is made to appear to the Supreme Court?
(a) that a fair and impartial preliminary inquiry or
trial cannot be had in any court ;
(14 that some question of law of untonal diffieulty
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 of, 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
jitstice,
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 Attorney-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 wrilting 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.
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172. .At every preliminary inquiry and at every trial, General
the court -shall have power in its discretion to regulate 1Z .wretr:Lf
the.eourse.of the proceedings in any way which may appear regulate
desirable and which is not inconsistent with the provisions proceedings.
of this Law.
173. 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
preseri bed ;
(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 ;
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 forpis may be applied or used with
such deviations, alterations or adaptations as may be
necessary to carry into effect the provisions of this Law.
174. This Law shall come into operation on the 15th day
of December, 1948, and, thereupon, the Laws set out in the
first column of the Schedule to this Law shall be repealed
to the extent specified in the second column thereof:
Provided that, 'whenever in any enactment which is in
-force on the above date, reference is made to any of the
Laws repealed by this Law such reference shall be deemed
to be a reference to the corresponding provision of this
Law and the reference. in such enactment shall be
construed accordingly..
Rules of
court.
Date of
coming into
operation
and repeals.
Schedule.
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SCHEDULE.
REPEALS.?(gertion 174.)
Extent
I. The Fines and Penalties Recovery I. The whole.
Law, 1883 (3 of 1883) as amended by
the Defence Legislation (Incorpo-
ration in Certain Laws) Law, 1946
(2 of 1946).
2. The CyprIrs Courts of Justice Orders
and Laws, 1927 to 1945, (Orders
1927 and 1931 ; taws 45 of 1934,
14 of 1935, 36 of 1035 and 8 of 1.945J.
3, Cyprus Criminal Code, 1928 to 1944
(Order, 1928 ; Laws 9 of 1931, 34 of
1932, 35 of 1933, 43 of 1933, 9 of
1936, 28 of 1936, 2 of 1937 and 19 of
1944).
4. The Criminal Evidence and Pro- 4. All sections which have not
eedure Laws, 1929 to 1934 (1.2 of been previously repealed.'
1.929, 37 of 1933 and 18 of 1934).
5. The Courts of dustiee Laws, 1935 I 5. Sections 23 to 43 (both
to 1.947 (38 of 1935, 20 of 1938, 19 of I inclusive) ; section 51, in so
1940, 6 of 1943 and 5 of 1947). I far as it relates to criminal
eases or proceedings.
of repeal
2. Clause 2 in. so far as it is
repugnant to, or inconsistent.
with, the provisions of this
Law ; clauses 51 and 58 to 60
(both inclusive) ; clauses 62
to 94 (1.) (both inclusive) ;
clauses 95 to 100 (both inclu-
sive) ; clauses 103 to 157B
(both inclusive) ; clauses 160
to 176 (both inclusive) ;
clauses 179 to 183 (both
inclusive) in so far as they
relate to criminal cases or
proceedings ; clauses 193 to
201 (both inclusive) in so
far as they relate to criminal
cases or proceedings; clause
203, in so far as it. relates to
criminal eases or proceedings ;
clauses 217 to 219 (both
inclusive) in so far as they
relate to Criminal cases or
proceedings; clauses 222 and
223, in so far as they relate to
criminal cases and pro-
ceedings.
3 Sections 32, 33, 37 and 363.
25th November, 1948.
Hr. G. RICHARDS,
Acting Colonial Secretary.
i.rinted by the Government Printer at the Government Printing Office, Nicosia
.?
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