Conduct of prosecution
Court.
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Other criminal trials, with or without a jury, or with Assessors, and the proceedings before and after trial relative thereto, shall be conducted in like manner, mutatis mutandis.
309. In eriorinal cases to be tried on indictment before the Judge or Assistant Judge of the Supreme Court, whether before Supreme with or without a jury, the depositions when completed shall forthwith be delivered to the Law Secretary as prosecutor on behalf of the Crown, who shall thereupon, in person or by some proper representative appointed by him in any case by writing under his hand, take all proper steps for indicting and bringing to trial the accused, and conduct the prosecution in Court at the trial; and no such prosecution shall be under the direction or conduct of any private prosecutor.
Extent of
following
Rules.
Non-appear- ance of prosecutor.
Custody
in case of adjournment.
Both parties
appearing.
Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of a foreign nationality, to assist in the prose- cution; and anch barrister or advocate may, with the assent of the prosecutor for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecution shall be withdrawn or abandoned without the express consent of the Law Secretary as prosecutor for the Crown, or of his representative, given in open Court.
III, SUMMARY PROCEEDINGS.
310. The following Rules (under the sub-heading "Summary Proceedings") apply exclusively to cases where the charge is to be heard and determined not on indictment, but in a summary way.
Hearing.
311. Where the accused comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the hearing, with or with out imposing any terms.
312. In case of adjournment the Court may commit the accused in the meantime to prison or to such other custody as it thinks fit, or may discharge him on his entering into a recog- nizance (Form 45.), with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.
A notice of each recognizance (Form 46.) is at the same time to be given to each person bound thereby,
313. If both parties appear in person, or by counsel or attorney, the Court shall proceed to hear and finally determine the charge.
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314. The prosecutor shall be at liberty to conduct the charge Conduct of and to have the witnesses examined and cross-examined by charge: counsel or attorney on his behalf.
315. The accused shall be admitted to make his full answer Of defence. and defence to the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.
If he puts any question to a witness, the witness may be re-examined for the prosecution.
316. The room or place in which the Court sits to hear and Publicity. determine the charge is an open and public Court to which the public generally may have access as far as the room or place
can conveniently contain them.
317. The substance of the charge shall be stated to the Adonission of accused, and he shall be asked if he has any cause to show charge by
why he should not be convicted.
If he thereupon admits the truth of the charge and does not show sufficient cause why he should not be convicted, the Court may convict him accordingly.
accused.
prosecution.
If he does not admit the truth of the charge, the Court shall Evidence for proceed to hear the prosecutor and such witnesses as he ex- àmines and such other evidence as he adduces in support of his charge.
On the termination of the whole evidence in support of the Defence. charge, if it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any witnesses to ex- amine or other evidence to adduce in bis defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.
318. If the accused adduces any evidence in his defence Evidence in the prosecutor may adduce evidence in reply thereto; but reply. the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused, nor shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply.
319. A variance between the charge and the evidence ad- Variance duced in support of it as to the time at which the alleged crime between charge or offence was committed is not material if it is proved that the and evidence.
charge was in fact made within the time (if any) limited by law for the making thereof.
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