CRIMINAL PROCEDURE.
No. 9 of 1899.
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(2) The Registrar shall deliver or cause to be delivered to every witness in any case so postponed a notice in writing informing him of the day on which the session of the Court to which the case is postponed will commence.
PART III.
PROCEEDINGS AT TRIAL.
Mode of Trial.
42.-(1) Every person to be tried before the Court shall be tried on an indictment.
(2) Subject to the provisions of the next section, such trial shall be had by and before a Judge and a jury.
43. On motion made by the Attorney General, a Judge shall order that the trial of any indictment shall be had at bar, that is to say, by and before two Judges and a jury, and such trial shall be had accordingly.
44. (1) Nothing in this Ordinance shall affect the right of the Attorney General to file any information in the Court against any person for misdemeanor.
(2) Subject to the provisions of this Ordinance or of any other enactment, the law, practice, and procedure in respect of any such information shall be, as nearly as may be, the same as the law, practice, and procedure for the time being in force in relation to informations filed by the Attorney General of England in the High Court of Justice, so far as such law, practice, and procedure are applicable to the circumstances of this Colony.
Default of Appearance.
45.-(1) If in any case, after notice of trial has been given, no person appears in Court to prosecute or prefer the indictment before the close of the session of the Court for which such notice was given, it shall be competent for the accused person to move the Court to discharge him therefrom, and if he, or any other person on his behalf, has been bound by recognizance for his appearance, so to take his trial, then that the said recognizance may be discharged.
* As amended by No. 59 of 1911 and No. 1 of 1912.
§ As amended by No. 1 of 1912.
§ As amended by No. 1 of 1912 and No. 2 of 1912.
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