65
16
(2) In each of the following cases, that is to say,
(i where a person is accused of manslaughter, rape, arson. housebreaking, robbery with violence, forgery, or perjury; or
(i) where a person is accused of any offence other than aforesaid, but it is the opinion of the Court, which opinion of the Court shall be recorded in the Minutes. that the offence charged, if proved, could not be adequately punished under the powers of punishment of a Court trying the case summarily;
the accused shall be tried on a charge with a jury or assessors (according to the provisions of this Order applicable to the Court); but may, with the consent of the accused, be tried without assessors or jury. In the Supreme Court, when the accused does not so consent, the charge shall be tried with a jury, unless the Court is of opinion that a jury cannot be obtained.
(3) The Supreme Court may, for any special reason, direct that any case shall be tried with assessors or a jury, and a Provincial Court may, for any special reason, direct that any case shall be tried with assessors. In each such case the special reason shall be recorded in the Minutes.
47.-(1) Where an accused person is ordered to be tried before a Court with a jury or with assessors, he shall be tried as soon after the making of the order as circumstances reasonably admit.
(2) As long notice of the time of trial as circumstances reason- ably admit shall be given to him in writing, under the seal of the Court, which notice, and the time thereof shall be recorded in the Minutes.
Summary Trial.
48.-(1) Where the complaint discloses an offence which is not required to be heard on a charge, and the Court does not think fit to direct it to be heard on a charge, the accused may be tried summarily on the complaint: Provided that no greater punishment shall be imposed than imprisonment with or without hard labour for three months, or a fine of twenty pounds, or both, except in such cases as a greater punishment could be imposed by a Court of summary jurisdiction in England.
(2) An order to give security for good behaviour, or for de- portation, or for payment of costs or damages shall not be deemed a punishment for the purposes of this Article.
Preliminary Examination.
49.-(1) Where the accused is before the Court, and it appears to the Court that the complaint discloses an offence
(a) which ought to be tried in or reported to another Court:
or
17
(b) which ought to be tried before the same Court with a
jury or assessors;
the Court shall forthwith so inform the accused, and proceed to make a preliminary examination in the prescribed manner.
(2) If after such preliminary examination the accused is ordered to be tried, the Court shall bind by recognizance the prosecutor and every witness to appear at the trial to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be) and if the case is to be tried in or reported to another Court shall forthwith send the depositions with a minute of other evidence, if any, and a report to the Court before which the trial is to take place.
50.-(1) If a British subject, having appeared as prosecutor or witness at a preliminary examination, refuses to enter into a recognizance to appear at the trial to prosecute or give evidence, the Court may send him to prison, there to remain until after the trial, unless in the meantime he enters into a recognizance. (2) But if afterwards, from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the Court may require him either to enter into a recognizance or to give other security for his attendance at the trial, and, if he fails to do so, may in its discretion dismiss the complaint.
Trial in a British possession.
51.--(1) Where a person is accused of the commission of an offence the cognizance whereof appertains to the Court, and it is expedient that the offence be inquired of, tried, determined, and punished in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, (a) Section 6) be sent for trial to Bombay, Malta or Cyprus.
(2) In any such case the Supreme Court may, by warrant under the hand of the Judge and the seal of the Court, cause the accused to be sent for trial to Bombay, Malta or Cyprus accord- ingly.
(3) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Bombay, Malta or Cyprus (as the case may be), according to the warrant. (4) Where any person is so sent to Bombay, Malta or Cyprus, the Court before which he is charged shall bind over such of the proper witnesses as are British subjects in their own re- cognizances to appear and give evidence at the trial.
Charges.
52.--(1) Every charge, upon which an accused person is tried, shall state the offence charged, with such particulars as to the time and place of the alleged offence, and the person (if
(a) 53-54 V. c. 37.
66