54
CAP. 227]
Magistrates
[1988 Ed.
(3) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing. (Amended, 5 of 1954, s. 2)
(5) Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.
(Replaced, 24 of 1949, s. 25) [cf. U.K. 1925 c. 86, s. 12(5), (6)]
Order by committing magistrate for attendance at trial of
witnesses
84. (1) At a preliminary inquiry the magistrate shall in respect of any witness examined by him, other than the accused and any witness of his merely to his character, make an order in the prescribed form requiring the witness to attend and give evidence at the trial of the accused before the High Court. (Amended, 48 of 1983, s. 3) (See Form 79)
(2) Where it appears to the magistrate, after taking into account any representation made by the accused or the prosecutor, that the attendance of any witness at the trial is unnecessary on the ground that the evidence of that witness is unlikely to be required or is unlikely to be disputed
(a) any witness order to be made by the magistrate in the case of that witness shall be a conditional order, that is to say, an order in the prescribed form requiring the witness to attend the trial if notice in that behalf is given to him and not otherwise; and
(b) if a witness order other than a conditional order has previously been made by the magistrate in the case of that witness, the magistrate shall direct that that order be treated as a conditional order. (See Form 80)
(3) A magistrate-
(a) on committing an accused for trial shall inform him-
(i) of his right to require the attendance at the trial of any witness
in respect of whom a conditional witness order, or an order treated as
a conditional witness order, has been made; and
(ii) that the accused should inform the Registrar not less than 10 days before the trial if he requires such a witness to attend; and
(b) if he determines not to commit the accused for trial, shall cause notice to be given in the prescribed form to any witness in respect of whom a witness order has been made, informing the witness that he is no longer required to attend. (See Form 81)
[cf. U.K. 1965 c. 69, s. 1]
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