1988 Ed.]
Criminal Procedure
{CAP. 221
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(3) For the purposes of subsection (2) any allegation of an offence shall be taken as including an allegation of attempting to commit that offence; and where a person is charged with attempting to commit an offence or with any assault or other act preliminary to an offence but not with the completed offence, then he may be convicted of the offence charged notwithstanding that he is shown to be guilty of the completed offence.
(4) Where a person arraigned on an indictment pleads not guilty of an offence charged in the indictment but guilty of some other offence of which he might be found guilty on that charge, and he is convicted on that plea of guilty without trial for the offence of which he has pleaded not guilty then, whether or not the 2 offences are separately charged in distinct counts, his conviction of the one offence shall be an acquittal of the other.
(5) Any power to bring proceedings for an offence by criminal information is abolished.
(6) Subsections (1) and (2) shall apply to an indictment containing more than one count as if each count were a separate indictment.
(7) In subsection (2), “court of trial" includes the District Court and a magistrate. (Added, 34 of 1972, s. 8)
(Replaced, 5 of 1971, s. 5) [cf. U.K. 1967 c. 58, s. 6]
Entry of verdict of not guilty by order of judge
51A. Where an accused person arraigned on an indictment pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the accused person is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the accused person being given in charge to a jury, and the verdict shall have the same effect as if the accused person had been tried and acquitted.
(Added, 5 of 1971, s. 5) [cf. U.K. 1967 c. 80, s. 17]
Procedure on indictment containing count charging previous conviction
52. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment, nor shall such count be mentioned to the jury when he is given in charge to them or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, he shall be asked whether he has been previously convicted as alleged or not; and if he says that he has not, or does not say that he has been so convicted, the jury shall be charged to inquire into the matter as in other cases.
Objection of substance to indictment
53. (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance an indictable offence or states an offence not triable by the court, the accused person may move the court to quash it or in arrest of judgment. (Amended, 50 of 1911, s. 4)