083
Interpretation of "the Court,"
How charge to be made.
Summons or wartani.
Form of charge.
Service.
Proof of service,
In what cases.
Execution:
In another Consular
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XIIL CRIMINAL MATTERS.
L-IN GENERAL.
279. In the following Rules (under the heading "Criminal Matters") as far as they relate to the Supreme Court, the expression the Court" means or includes (as the case may require) any officer of, or person attached to, the Supreme Court from time to time authorized to exercise or assist in the exercise of any part of the criminal jurisdiction of that Court.
280. A person making a criminal charge (Form 31.) against another before the Supreme or other Court must do so in person or by attorney or counsel, or an agent lawfully thereunto authorized.
281. In every case, whether the charge is or is not such as must or may be heard and determined in a summary way, the Court shall proceed, if the accused is not already in custody, either by way of summons to him (Form 82.), or by way of warrant for his apprehension in the first instance (Form 33.), according as the nature and circumstances of the case require.
Summons.
282. For the issuing of a summons the charge need not be put in writing or be sworn to unless the Court so directs.
A summous shall be served by the delivery of it to the person summoned personally, or if he cannot be conveniently met with then by its being left at his usual or last known place of abode or business within the particular jurisdiction.
The person effecting service must attend at the time and place mentioned in the summons to prove service if necessary."
Warrant.
283. If the person summoned does not obey the summons the Court may (after proof on oath of duc service of the summons) issue a warrant for his apprehension (Form 34.).
Notwithstanding the issuing of a summons a warrant (Form 33.) may be issued at any time before or after the time ap- pointed in the summons for the appearance of the accused.
A warrant shall not be issued in the first instance unless the charge is in writing on the oath of the person laying the charge or of some witness.
A warrant need not be made returnable at any particular time, but may remain in force until executed.
It may be executed by the apprehension of the accused
at any place within the particular jurisdiction, and in case of fresh pursuit it may be executed at any place in another district, when. Consular district, without any application to the Court of that
district.
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Search Warrant.
284. Where positive proof or probable suspicion is shown to In what cases. the Court by evidence on oath that any thing on, by, or in respect of which a crime or offence cognizable by the Court has been committed is in any house or place over which, by reason of the nationality of the occupier thereof, the Court has jurisdic- tion, the Court may issue a warrant to search the house or place, and if any thing searched for is found, to seise it, and apprehend the occupier of the house or place.
The warrant shall be directed to some officer by name, who Contents. alone shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.
A general warrant to search shall not be granted, but the
particular house or place must be indicated in it.
If the house or place is closed, and the officer is denied Force. admission, after demanding admission and disclosing his authority and the object of his visit, it may be forced open.
Where there is probable suspicion only, the warrant must be Day: night. executed in the day time: where there is positive proof, it may
be executed in the night time.
Witnesses.
285. Where it is shown to the Court, on oath, that any British Summons, subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily attend to give evidence at the preliminary exami nation, or in summary cases at the hearing of the charge, the Court shall issue a summons (Form 35.) for his attendance.
286. If the person summoned does not obey the summons, and Warrant after does not excuse his failure to the satisfaction of the Court, summons. then (after proof on oath of due service of the summons) the Court may issue its warrant (Form 36.) to compel his attendance.
287. Where it is shown to the Court on oath that any British Warrant in subject within the particular jurisdiction is likely to give tirst instance, material evidence either for the prosecution or for the defence, and that it is probable he will not attend to give evidence
at the preliminary examination, or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant (Form 37.) in the first instance.
take oath or to answer.
288. If on the appearance of the person summoned, either in Refusal to obedience to a summons, or on being brought up by virtue of a warrant, he refuses to take an outh,-or having taken an oath to answer any question put to him,-and does not excuse his refusal
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