C.
1988 Ed.]
Magistrates
[CAP. 227
61
Provided that nothing in this section shall affect the provisions of section 94.
(Replaced, 24 of 1949, s. 29. Amended, 30 of 1958, s. 7)
Indictable offences which may be dealt with by permanent magistrate summarily
92. Whenever any person is accused before a permanent magistrate of any indictable offence except an offence specified in Part I of 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 2 years or to a fine of $10,000: (Amended, 51 of 1981, s. 7) (See Form 93)
Provided that nothing in this section shall affect any greater punishment specifically provided for in any other Ordinance.
(Replaced, 24 of 1949, s. 29. Amended, 30 of 1958, s. 7)
Procedure as to indictable offences triable summarily
93. Where an indictable offence is triable summarily-
(a) the procedure shall, until the magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(b) the evidence of any witness taken before the magistrate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;
(ba) any statement that has been admitted in evidence under section 81A shall be disregarded, but the prosecutor may call the person who made the statement to give verbal evidence as a witness and his evidence shall be taken in the manner set out in section 34; (Added, 49 of 1965, s. 18)
(c) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and (See Forms 46, 93)
(d) the order of dismissal shall be filed by the magistrates' clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused. (See Form 94)