65
WEI-HAI-WEI ORDER IN COUNCIL.
(2) At the preliminary examination of a case which may be tried on a charge before the same Court, the procedure above described may be varied as follows:
After hearing so much evidence as is in the opinion of the Court sufficient to raise a strong presumption against the accused and to enable the Court to frame a charge, the Court may proceed to frame a charge and appoint a day for the trial.
(3) When an accused person is arrested in one district in respect of an offence committed in another district, the preliminary examination may be commenced in the district in which the accused is arrested. In this case, any depositions taken shall be transmitted, with the accused, to the Court of the district in which the offence was committed.
26. (1) The charge upon which an accused person is tried shall state the offence, with such particulars as to the time and place of the alleged offence, and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) There shall be a separate charge for each offence, and every charge shall be tried separately, but if the acts form one transaction, or if the offences are of the same kind, the charges may be tried together, if the Court thinks fit.
(3) When more persons than one are accused of the same offence, or of different offences committed in the same transaction, or where one is accused of committing an offence and another with abetting, or attempting to commit that offence, they may be charged and tried together or separately, as the Court thinks fit.
(4) The Court may alter any charge at any time, but if the alteration is likely to prejudice the accused or the prosecutor, the Court may adjourn the trial for such time as may be necessary.
(5) No error or omission in stating the offence or the particulars shall be regarded as material unless the accused was misled by the error or omission.
(6) When a person is charged with an offence, and the evidence proves either the commission of a minor offence or an attempt to commit the offence charged, he may be convicted of the minor offence or the attempt.
(7) For the purposes of the application of any statute law, a charge framed under the provisions of this Order shall be deemed to be an indictment.
27. The Court may, at any stage of the prosecution, in its discretion admit to bail a person charged with any felony, riot, or assault, but a person charged with murder shall not be admitted to bail except by or by direction of the High Court.
A