566
No. 9 of 1899.
CRIMINAL PROCEDURE.
[cf. No. 6 of 1887.]
Trial at bar.
Saving of right of Attorney General to file information for misdemeanor.
Proceedings on non-appearance of prosecutor.
Proceedings on non-appearance of accused person.
(2) Subject to the provisions of section 43, 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.
(2) Where the prosecution is at the instance of a private person, it shall also be competent for the accused person to move the court that the prosecutor and his sureties, if any, shall be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(3) On any such application the court shall make such order as it may think just.
46. (1) Where it appears by the return made by the bailiff that the copy of the indictment and notice of trial has been duly served, and the accused person, on being thrice called on the day appointed for trial, does not appear, a motion may be made