1988 Ed.]
Criminal Procedure
[CAP. 221
25
Trial at bar
42. 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 2 judges and a jury, and such trial shall be had accordingly.
(Amended, 50 of 1911 and 1 of 1912, Schedule)
43. [Repealed, 5 of 1971, s. 12]
Default of appearance
44. [Repealed, 63 of 1971, s. 11]
Proceedings on non-appearance of accused person
45. (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 on behalf of the prosecution, if the accused person has been admitted to bail, that he and his sureties, if any, may be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(2) On any such application the court shall make such order as it may think just.
Apprehension of accused person not appearing
46. Where any person against whom an indictment has been duly preferred, and who is then at large, does not appear to plead to such indictment, whether he is under recognizance to appear or not, the court may issue a warrant for his apprehension.
Abolition of outlawry
47. Outlawry in criminal cases shall be abolished.
48. [Repealed, 46 of 1967, s. 4]
Arraignment of accused person
Arraignment
(Amended, 50 of 1911, s. 4)
49. (1) The accused person shall be placed at the bar unfettered and not in prison clothes, unless the court sees cause to direct otherwise.
(2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the court; and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the court finds that he has not been duly served therewith.