912

Bringing of certain classes of prisoners before the Court for delivery.

Assistance to be given by police.

Prisoners entitled to be discharged.

Procedure of the Court in matters not provided for.

No. 9 of 1899.

CRIMINAL PROCEDURE.

7.-(1) The keeper of the prison shall, by himself or his deputy, on the first day of every session of the Court, deliver in open Court to the presiding Judge a correct list of all persons in his custody upon any charges of indictable offences who have not been then tried, or upon whom sentence has not been then passed, or who have been committed in default of sureties to keep the peace or otherwise, distinguishing, as accurately as may be, their names, ages, and sexes, with the dates of their respective commitments and the authority under which they were respectively committed.

(2) He shall also, by himself or his deputy, bring and produce in open Court, on such days and times of such session as the Court may direct, all such persons in his custody as aforesaid as the Court may direct him so to bring and produce.

8. The police shall afford such assistance as may be necessary to enable the keeper of the prison to comply with the requirements of the last two sections.

9. At the conclusion of every session of the Court, the Court shall discharge all prisoners not under sentence remaining in any prison who, by the law of this Colony and, in default of such provisions and so far as the same may not extend, by the law of England, would be then entitled to their discharge upon gaol delivery, and also all other accused persons committed for trial at such session and remaining untried who, by the said law, would be entitled to such discharge; and the Court may also discharge all prisoners remaining in any prison in default of sureties to keep the peace, who, in the opinion of the Court, ought to be so discharged.

10. Subject to the provisions of this Ordinance and of any other enactment applicable thereto, the practice and procedure of the Court shall be, as nearly as possible, the same as the practice and procedure in criminal causes and matters in the High Court of Justice and the Courts of Assize in England.

Transmission of documents relating to case.

PART II.

PROCEEDINGS PRELIMINARY TO TRIAL.

11. (1) The following documents, together with a certified copy thereof, shall, as soon as may be after the committal of the accused person, be transmitted by the Magistrate to the Crown Solicitor for

*As amended by No. 2 of 1912.

As amended by No. 50 of 1911.

As amended by No. 1 of 1912.

As amended by No. 1 of 1912 and No. 2 of 1912.

Share This Page