12
Empanelling of jury
Service of documents
where
preparatory
hearing not ordered
Application for discharge of accused
COMPLEX COMMERCIAL CRIMES BILL 1988
(a) contains news, intelligence, occurrences or any remarks, observ- ations or comments in relation to such news, intelligence, or occurrences or to any other matter of public interest; and
(b) is printed or produced for sale or free distribution and published either periodically (whether half-yearly, quarterly, monthly, fort- nightly, weekly, daily or otherwise) or in parts or numbers at intervals not exceeding 6 months;
"proprietor" includes lessee;
"publish", in relation to a report, means publish the report, either by itself
or as part of a newspaper, for distribution to the public.
Jury
20. At the conclusion of a preparatory hearing, unless the accused is discharged under section 22, the judge shall order that the jury be em- panelled and the trial shall proceed before the judge and jury.
PART IV
GENERAL
21. Where proceedings are transferred to the court under section 4 but no preparatory hearing is ordered under section 9, the prosecutor shall serve on the accused and deliver to the court the documents listed in paragraphs (a), (b) and (c) of section 13(1) within 30 days of the decision of the judge that no such preliminary hearing shall be held.
22. (1) The accused may at any time before the jury is empanelled apply to the judge for his discharge on the ground that the evidence disclosed is insufficient to establish a prima facie case against him for the offence with which he is charged or for any other offence for which he might be convicted upon that charge.
(2) Only one application may be made by an accused under this section in relation to a single indictment.
(3) Evidence shall not be given on the hearing of an application under this section except with the leave of the judge.
(4) The judge shall not grant such leave unless it appears to him, having regard to any matters stated in the application for leave, that the evidence proposed to be given bears on the issue of whether or not there is a prima facie case.
(5) Where evidence is given in pursuance of leave granted under subsection (3) the prosecutor or the accused, as the case may be, shall be given full opportunity of cross-examining the witness and the accused may cross-examine any such witness whether or not he has been examined by the prosecutor.
(6) In deciding whether to grant an application for discharge under this section the judge shall have regard to-
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