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CAP. 221]
Criminal Procedure
[1988 Ed.
(b) the officer in charge of the station shall release him from custody if the witness, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement, conditioned for the appearance of the witness before the court specified in the warrant.
(2) If a court issuing a warrant in respect of any witness under section 37 is of the opinion that the evidence of the witness can be dispensed with but that consideration should be given to dealing with him under section 36 it may endorse the warrant as issued for the purpose of section 36.
(3) Where a witness appears before a court in pursuance of a recognizance entered into under section 37 or this section, the court may enlarge his recognizance and those of his sureties, if any, to any later time appointed by the court for receiving the evidence of that person or dealing with him under section 36.
(4) Without prejudice to the enforcement of any recognizance entered into as aforesaid, section 37 shall apply to any witness who fails to attend before a court in compliance with such a recognizance as it applies to a witness who fails to attend in obedience to a witness summons.
(5) In this section "court" includes the District Court,
(Replaced, 59 of 1981, s. 3) [cf. U.K. 1965 c. 69, s. 5(2), (3), (4) & (5)]
Abolition of subpoenas in certain proceedings
38A. No subpoena ad testificandum or subpoena duces tecum shall issue after the commencement* of the Criminal Procedure (Miscellaneous Provisions) Ordinance 1981 (59 of 1981) in respect of any criminal proceedings for the purpose of which a witness summons may be issued.
(Added, 59 of 1981, s. 3) [cf. U.K. 1965 c. 69, s. 8]
39-40. [Repealed, 63 of 1971, s. 11]
PART III
PROCEEDINGS AT TRIAL
Mode of trial
General mode of trial
41. (1) Every person to be tried before the court shall be tried on an indictment.
(2) Subject to the provisions of section 42 such trial shall be had by and before a judge and a jury. (Amended, 50 of 1911, s. 4; 1 of 1912, Schedule and 5 of 1924, s. 8)
(3) Notwithstanding subsection (2), but without prejudice to section 59, where any issue arises in the trial as to the admissibility of any evidence such issue may be determined before the jury is empanelled. (Added, 63 of 1984, s. 2)
1.1.1982
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