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(5) Every justice of the peace or coroner to whom a notice has been given under Section 5 of the Prosecution of Offences Act, 1879, shall, within three days after the receipt by him of such notice, transmit either by post, in a registered letter, or, if that is not practicable, by railway or by messenger, to the Director of Public Prosecutions, all documents and things which he is by the said section required to transmit; and the Director of Public Prosecutions shall cause all such documents and things to be delivered or sent by post, in a registered letter, to the proper officer of the Court in which the trial is to be had a reasonable time before such trial.
(6) Where a prosecution for an offence instituted before any justice or police court is withdrawn, or is not procceded with within a reasonable time, it shall be the duty of the clerk to such justice or police court to deliver or send by post to the Director of Public Prosecutions a letter stating the circumstances of the case, and inquiring whether such Director desires to have a copy of the infor- mation and of all depositions and other documents relating to the case transmitted to him, and if the Director of Public Prosecutions so requires it, shall deliver or send by post, in a registered letter, to the Director, all the said documents, or such of them as the Director requires.
25th January, 1886.
RICHARD E. WEBSTER.
Summary Jurisdiction Rule, 1922 (S.R.O. 74 of 1922).
(See page 35.)
Where any warrant or order of Commitment has been issued by a justice for the apprehension of any person and for his conveyance to, and detention in, one of H.M. Prisons named in such warrant or order, and such warrant or order is produced to a justice of another jurisdiction in order to be indorsed for execu- tion within such jurisdiction, then if it shall appear to such justice to be more convenient that such person upon arrest shall be conveyed to and detained in a prison other than that named, the said justice shall indorse the warrant or order accordingly and the warrant or order shall thereupon have effect as if the name of the prison so indorsed had been originally inserted in such warrant or order.
:
Dated the 31st day of January, 1922.
BIRKENHEAD, C.
Witnesses Allowances Order of 14th June, 1904 (S.R.O. 1219 of 1904), as amended by the Orders of 28th November, 1908 (S.R.O. 1001 of 1908), 1st March 1920 (S.R.O. 354 of 1920), and 5th August, 1922 (S.R.O. 892 of 1922).
1. Witnesses giving Professional Evidence.
There may be allowed to practising members of the legal and medical pro- fessions, for attending to give professional evidence, but not otherwise, allow- ance not exceeding the sums stated in the following scale:
For attending to give evidence in the town or place where the witness resides
or practices-
if the witness attends to give evidence in one case only, not more than
one and a half guineas per diem;
if the witness gives evidence on the same day in two or more separate
and distinct cases, not more than three guineas;
For attending to give evidence elsewhere than in any town or place where the witness resides or practices, whether in one or more cases, not more than three guineas per diem.
""
In this Regulation town means Municipal Borough or Urban District;
place
and "
17
means within a radius of three miles from the Court at which the witness attends to give evidence.
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No allowance may be given under this Regulation to the solicitor for the prosecution, except that, if such solicitor gives professional evidence which, in the opinion of the Court, was necessary and saved the attendance of another witness, a fee of ten shillings may be allowed.
2. Expert Witnesses and Interpreters.
There may be allowed (a) to expert witnesses such allowances for attending to give expert evidence as the Court may consider reasonable, including, where necessary, an allowance for qualifying to give evidence, and (b) to persons employed as interpreters, such allowances as the Court may consider reasonable.
3. Police Officers.
(a) To police officers attending as prosecutors or witnesses at Courts situate within their own district no allowance, other than travelling allowances as pro- vided in Regulation 8, shall be made under these Regulations.
(b) To police officers attending as prosecutors or witnesses at Courts situate outside their own district allowances may be made not greater than those allowed for subsistence and lodging to police officers absent on duty from their district by the Police Regulations made under Section 4 of the Police Act, 1919, for the time being in force.
For the purpose of this Regulation a borough with a separate police force shall be deemed to be within the district of the police force of the county in which the borough or any part of it is situated, and the City of London shall be deemed to be within the Metropolitan Police District.
4. Prison Warders.
There may be allowed to prison warders attending as prosecutors or witnesses or in charge of a prisoner produced to give evidence, a sum not exceeding that allowed to him when absent from home on duty by the Regulations of the Prison Department for the time being in force.
For a prisoner so produced in the custody of warders, such sum for subsistence as the warders have been authorised to spend, and has been actually expended, on his behalf.
5. Ordinary Witnesses.
There may be allowed to witnesses, other than those hereinbefore mentioned, allowances not exceeding 14s, for the day and 10s for the night:
Provided that the day allowance to the under-mentioned classes of witnesses, when they are not necessarily detained from home for a night, shall not, except for special reasons allowed by the Court, exceed the following rates:---
(1) For children the allowance shall not exceed 28. per diem ;
(2) For persons of the pauper or vagrant class the allowance shall not exceed
28. per diem;
(3) For other persons who do not lose wages, earnings, or income by altendance,
the allowance shall not exceed 5s. per diem;
(4) For persons in the service of an employer who lose wages by attendance, the allowance shall not exceed the following rates, except on the production of a certificate from the employer showing that the wages so lost are in excess of such rates :-
For agricultural labourers, unskilled labourers, and others similarly
employed, 73. per diem;
For artisans, mechanics, and others similarly employed, 108. per diem; For clerks, shop assistants and others similarly employed, 10s. per diem.
Provided also that no night allowance, within the above-mentioned limit of 10s., shall exceed the expense reasonably incurred by the witness.
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