60
CAP. 227]
Magistrates
[1988 Ed.
(2) An application under subsection (1) may be made either orally in open court or in writing.
(Added, 2 of 1953, s. 3)
Effect of order of transfer
89. (1) An order of transfer shall operate as a stay of proceedings before the magistrate touching the charge or complaint to which the order refers and all process relating to the transferred charge or complaint shall be transmitted to the District Court.
(2) An order of transfer shall not be subject to appeal.
(Added, 2 of 1953, s. 3)
Procedure on making an order of transfer
90. (1) Upon making an order of transfer under section 88, a magistrate shall
(a) appoint a day whereon the accused person is to appear or be brought before the District Court;
(b) remand the accused person in prison custody or admit him to bail; and
(c) inform the accused person of the effect of the order of transfer.
(2) The provisions of section 79 (which relates to a magistrate's power to remand an accused person) shall apply, mutatis mutandis and subject to the substitution in subsection (1) of that section of “20 clear days" for "8 clear days", in relation to the exercise by a magistrate of the powers conferred by subsection (1)(b), but the application of such provisions shall be without prejudice to any of the powers of the District Court to enforce the attendance of a person accused of an indictable offence in respect of which the charge or complaint has been transferred to that court. (Amended, 41 of 1981, s. 2)
(Added, 2 of 1953, s. 3)
PART V
SUMMARY TRIAL OF INDICTABLE OFFENCES
Indictable offences which may be dealt with by special magistrate summarily
91. Whenever any person is accused before a special magistrate of any indictable offence except an offence specified in the Second Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for 6 months or to a fine of $5,000: (Amended, 51 of 1981, s. 6) (See Form 93)