28
28
CAP. 227]
Magistrates
[1988 Ed.
the person against whom it has been issued, and it shall order the person to whom it is directed to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.
(3) It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in full force until it is executed or until it is withdrawn by any magistrate. (Amended, 32 of 1966, s. 2)
(4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters thereof; in every case where the warrant is directed to all police officers within the Colony, it shall be lawful for any police officer to execute the warrant in like manner as if it were directed specially to such police officer by name:
Provided that no objection shall be taken or allowed to any warrant to apprehend a defendant so issued on any such complaint or information as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant but if any such variance appears to the magistrate at the hearing to be such that the party apprehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: (See Forms 6-9)
Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then present shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant. (See Form 13)
Non-avoidance of summons or warrant by death of magistrate
[cf. U.K. 1848 c. 43, s. 3]
32. Any warrant or summons issued by a magistrate under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.
Description of offences, exceptions, exemptions, etc.
warrants, forfeiture, etc.
[cf. U.K. 1879 c. 49, s. 37]
33. The following provisions shall apply to proceeding before magistrates-
(a) the provisions of the Indictment Rules (Cap. 221, sub. leg.) which relate to the description of an offence in an indictment; (Replaced, 36 of 1976, s. 9)
(b) [Repealed, 5 of 1971, s. 13]