1988 Ed.]
Magistrates
[CAP. 227
55
(4) In this section, "witness" includes a person whose written statement is admitted in evidence under section 81A.
Discharge or committal of accused
(Replaced, 59 of 1981, s. 2)
85. (1) If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of the accused and his witnesses and after taking into consideration any statement made by the accused, the magistrate is of opinion that there is not sufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in custody, to be discharged as to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.
(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into consideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall order that the accused stand committed for trial at the High Court and shall so inform the accused or cause him to be so informed. (Amended, 5 of 1954, s. 4 and 63 of 1971, s. 13)
(3) [Repealed, 48 of 1983, s. 3]
Procedure following committal
(Replaced, 24 of 1949, s. 26) [cf. U.K. 1848 c. 42, s. 25; 1925 c. 86, s. 12(8)]
85A. (1) A magistrate who commits an accused for trial under section 80C(4) or section 85(2) shall-
(a) issue his warrant committing the accused to prison until delivery by due course of law:
Provided that he may admit the accused to bail in any case where he has power to grant bail under the provisions of this Ordinance;
(b) if he commits the accused to prison, inform him of his right to apply to a judge for bail;
(c) inform the accused, unless he is already in receipt of legal aid, of his right to apply for legal aid;
(d) say to the accused-
“I must warn you that at your trial you may not be permitted to give evidence of an alibi or call witnesses in support of an alibi unless you have earlier given particulars of the alibi and of the witnesses. You may give those particulars now to this court or to the prosecutor not less than 10 days prior to the commencement of your trial.”,
or words to that effect and, if it appears to the magistrate that the accused may not understand the meaning of the term "alibi", he shall explain it to him; and
(e) if the accused was committed under section 80C(4) inform him that he has the right to apply to a judge for discharge on the grounds there is no prima facie case against him.