48
CAP. 227]
Magistrates
[1988 Ed.
permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.
(Amended, 49 of 1965, s. 13 and 48 of 1983, s. 3)
[cf. U.K. 1848 c. 42, s. 19]
Appointment of return day
80A. (1) When the accused appears or is brought before a magistrate upon an allegation of the commission of an indictable offence the magistrate may, and shall if the prosecutor so requires, appoint a day for the continuation of the committal proceedings (hereinafter referred to as "the return day").
(2) Any magistrate may, from time to time thereafter, on the application of the prosecutor or of the accused, and upon reasonable cause, appoint another return day in the place of the return day previously appointed.
(3) The return day shall not, unless the prosecutor and the accused consent or the magistrate, upon reasonable cause being shown, determines otherwise, be less than 10 days nor more than 42 days from the day on which the return day is appointed.
(4) Upon first appointing the return day, the magistrate shall inform the accused-
(a) of his right to apply for legal aid;
(b) that not less than 7 clear days before the return day he will receive a copy of the complaint made or information laid together with copies of witness statements and any documentary evidence in support thereof, being the statements and evidence upon which the prosecutor will seek the accused's committal;
(c) on the return day, he will have the right to require a preliminary inquiry and, if he does so require, he may, at the inquiry, call witnesses to give evidence on his behalf;
(d) where there is more than one charge that, in the event of his requiring a preliminary inquiry on any charge, the inquiry will be held into all the charges against him and that only at the conclusion of the inquiry will he have the opportunity to plead guilty to any charge;
(e) if he does not require a preliminary inquiry, he will be committed for trial without an inquiry unless he pleads guilty to the charge, in which case he will be committed for sentence on that charge.
(Added, 48 of 1983, s. 3)
Service of documents on accused
80B. (1) Not less than 7 clear days before the return day, or such shorter period as the accused may consent to, the prosecutor shall serve on the accused-
(a) a copy of the complaint made or information laid;
(b) copies of the statements of those witnesses whom the prosecution intends to call at the trial;
(c) ...