)
1988 Ed.]
Magistrates
[CAP. 227
47
(b) in the event of a preliminary inquiry, to defer the examination or further examination of the witnesses for any time, the magistrate before whom the accused appears or is brought may from time to time by his warrant remand the accused to a prison or some place of security, for such time as the magistrate may think reasonable, not exceeding 8 clear days, unless the accused and the prosecutor consent to a longer remand; or, if the remand is for a time not exceeding 3 clear days, it shall be lawful for the magistrate verbally to order the police officer or other person in whose custody the accused may then be, or any other police officer or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the committal proceedings: (Amended, 24 of 1949, s. 23 and 49 of 1965, s. 12) (See Forms 18, 84)
Provided that-
(a) the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order; and
(b) instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may 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 appointed for the continuance of the committal proceedings. (Amended, 48 of 1983, s. 3) (See Forms 85-87)
(2) A magistrate may, on being satisfied that a person accused of an indictable offence is by reason of illness or accident unable to appear personally before a magistrate—
(a) visit the accused and in his presence exercise any of the powers conferred by subsection (1); or
(b) exercise such powers in the absence of the accused if, in the opinion of the magistrate, it is not practicable for him to visit the accused. (Replaced, 91 of 1970, s. 5)
(3) If the accused does not afterwards appear at the time and place mentioned in the recognizance, the magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.
[cf. U.K. 1848 c. 42, s. 21 & 1914 c. 58, s. 20(2)]
Place where examination taken not an open court
80. The room or building in which a magistrate conducts a preliminary inquiry shall not be deemed an open court for that purpose; and it shall be lawful for the magistrate, in his discretion, to order that no person shall have access to or be or remain in such room or building without the consent or