In what cases.
Extent of fol- lowing Rules.
Depositions.
Questions by
accused.
Signature of deposition.
Witness dead or ill.
Variance of evidence.
How to be
taken.
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to the satisfaction of the Court, then the Court may, by warrant, (Form 88.) commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on oath.
Issuing, &c. of Warrant on Sunday or Holy-day. 289. A warrant for apprehension or commitment or other purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other day, where the urgency of the case so requires.
11. PROCEEDINGS BY PRELIMINARY EXAMINATION AND INDICTMENT.
290. The following Rules (under the sub-heading "Pro- ceedings by Preliminary Examination and Indictment") apply exclusively to cases where the charge is to be heard and deter- mined not in a summary way, but on indictment.
Preliminary Examination.
291. Where the accused comes before the Court on summons or warrant, or otherwise, the Court, before committing him to prison for trial, or admitting him to bail, shall, in his presence, take the depositions on oath (Form 39.) of those who know the facts and circumstances of the case, and shall put the same in writing.
292. The accused shall be at liberty to put questions to any witness produced against him, and the statements of any witness in auswer thereto shall form part of that witness's deposition.
293. The deposition of each witness shall be read over to the witness, and shall be signed by him.
294. If on the trial of the accused it is proved on oath that any person whose deposition has been taken is dead or is so ill as not to be able to travel, and that his deposition was taken in the presence of the accused, and that he or his counsel or attorney cross-examined or had full opportunity of cross- examining the witness, the deposition may be read as evidence in the prosecution without further proof thereof.
295. No objection at the preliminary examination to any charge, summons, or warrant, for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the prosecution, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn the exantination, and in the meantime remand the accused or admit him to bail.
Statement of Accused.
296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall, without requiring the
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attendance of the witnesses, read over to the accused the deposi- tions taken against him, and shall then say to him these words:-- "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, that may have becu held out to you to induce you to make any admission or confession of your guilt; but whatever
you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat." Whatever the accused then says in answer thereto shall be taken down in writing (Form 40.), and shall be read over to him, and shall be kept with the depositions of the witnesses, and afterwards, on the trial of the accused the same may be given
in evidence against him without further proof thereof.
297. Nothing in the foregoing Rules, however, is to prevent Confession.
the prosecutor from giving in evidence any admission or con- fession or other statement of the accused made at any time, which would, by law, be admissible as evidence against him.
Publicity.
298. The room or place in which the preliminary examination Examination
is held is not an open or public Court for that purpose; and the of this kind Court may, in its discretion, in case it appears to it that the ends not public. of justice will be best answered by so doing, order that no person have access to, or be, or remain in the room or place without the special permission of the Court.
Recognizance to prosecute or give Evidence.
299. The Court may, at the preliminary examination, bind by Prosecutor or recognizance (Form 41.) the prosecutor and every witness to witnesses to appear at the Court at which the accused is to be tried, to enter into secute, or to prosecute and give evidence, or to give evidence (as recognizance. the case may be).
pro-
A notice of each recognizance (Form 42.) shall at the same time be given to the person bound thereby.
If a witness refuses to enter into a recognizance the Court may, by warrant (Form 43.), commit him to prison, there to remain until after the trial of the accused, unless in the mean- time he duly enters into a recognizance.
But if afterwards, from want of sufficient evidence or other cause, the accused is not either committed for trial or held to bail, the witness shall be discharged from custody by direction of the Court,
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