CAP. 221]

[s. 13 cont.]

(Cap. 227).

Power to bail accused person.

Criminal Procedure.

hand, direct the Commission of Prisons to convey him or cause him to be conveyed to the place where such proceedings are to be held, for the purpose of being dealt with as the magistrate may direct; (b) where the accused person is on bail, the magistrate shall issue a summons for his attendance at the time and place when and where such proceedings are to be held; and

(c) thereafter the proceedings shall be continued under the provisions of Part III or of Part IV of the Magistrates Ordinance, as the case may be. [14

Bail.

14. The court or a judge may at any time, on the application of any accused person, order such person, whether he has been committed for trial or not, to be admitted to bail, and the recognizance of bail may, if the order so directs, be taken before any magistrate or justice of the peace.

[15

Institution of proceedings by Attorney General.

Right of Attorney General not to prosecute.

Procedure in case Attorney General declines to file indictment.

First Schedule. Forms 1, 2.

Institution of proceedings.

15. On receipt of the documents relating to the case, the Attorney General, if he sees fit to institute criminal proceedings, shall institute such proceedings in the court against the accused person as to him may seem legal and proper.

[16

16. (1) The Attorney General shall not be bound to prosecute an accused person in any case in which he may be of opinion that the interests of public justice do not require his interference.

(2) Whenever the Attorney General declines to file an indictment against any person committed to prison for trial for any indictable offence he may issue a warrant in Form 1 in the First Schedule to the Registrar, who shall thereupon, unless the person in question has been admitted to bail, by order under his hand and the seal of the court, in Form 2 in the First Schedule, direct the person in whose custody the prisoner may be immediately to discharge him without any fee from imprisonment in respect of the offence mentioned in such order.

[17

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