46
CAP. 227]
Magistrates
[1988 Ed.
the indictment and shall either remand such person in custody or admit him to bail.
Complaint or information to be in writing and defects therein
(Replaced, 36 of 1976, s. 12)
75. (1) Every complaint or information alleging the commission of an indictable offence shall be in writing and shall contain or consist of a statement of the offence alleged to have been committed, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence.
(2) No objection shall be allowed to any complaint or information for any defect in it in substance or in form or for any variance between it and the evidence adduced on behalf of the prosecution at the committal proceedings. (Amended, 48 of 1983, s. 3)
Service of summonses
(Replaced, 49 of 1965, s. 10)
76. The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.
Forms, etc., of warrants
[cf. U.K. 1848 c. 42, s. 9]
77. The provisions with reference to the form of warrants, the directions to be contained therein and the execution thereof contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to warrants under this Part.
Summons or warrant for witness, etc.
78. (1) If it is made to appear to a magistrate, by any credible witness, that any person is likely to give material evidence on the part of the prosecution the magistrate may enforce the attendance of such person in the manner provided in Part II for enforcing the attendance of a witness under the summary jurisdiction of such magistrate. (Amended, 58 of 1967, s. 2) (See Form 16)
(2) If, on the appearance of such person so summoned, he refuses to be examined upon oath concerning the matter of the charge, or refuses to take such oath or having taken such oath refuses to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for 2 months, unless he shall in the meantime consent to be examined and to answer concerning the premises. (Amended, 49 of 1965, s. 11) (See Form 17)
[cf. U.K. 1848 c. 42, s. 16]
Power to remand accused
79. (1) If, in the course of committal proceedings, it becomes necessary or desirable in the opinion of the magistrate--
(a) to defer any stage of those proceedings; or