Amendmsel
12. Section 78 of the principal Ordinance is amended by the of section 78. deletion, in subsection (1), of "an information or charge for".
Amendment
13. Section 79 of the principal Ordinance is amended by the of section 79. deletion of "an information or charge for".
Amendment
14. Section 80 of the principal Ordinance is amended by the of section 80. deletion, in subsection (7), of "an information or charge for".
Addidon of new sections SOA and 806,
15. The principal Ordinance is amended by the addition, after section 80, of the following new sections-
"Admission
of sthletreat its at bearing. (Cap. 8).
BOA. (1) Notwithstanding anything contained in section 80 or in the Evidence Ordinance, on the hearing of an indictable offence the magistrate may admit in evidence on behalf of the prosecution any statement to which this section applies. notwithstanding that the person who made the statement is not called as a witness to give oral evidence at the bearing.
(2) This section shall apply to any written statement, or any written abstract thereof, if--
(a) it is tendered by the prosecutor:
(b) it purports to have been read over to and signed
by the person who made the statement:
(c) it is accompanied by a translation in English; and (d) copies thereof have been served on the accused and delivered to the magistrate not less than ten days before the date fixed for the hearing:
Provided that, on the application of the prosecutor or the accused, the magistrate may, if he thinks fit, reduce the period of ten days and allow such shorter period as he shall specify.
(3) Where the magistrate proceeds to admit in evidence any statement to which this section applies, he shall causeO the statement to be read over to the accused, unless the accused informs the magistrate that he does not wish the statement to be read over to him.
(4) When a statement has been read over to the accused under subsection (3) or if the accused has informed the magistrate that he does not wish it to be read, the accused may object that the whole or part of the statement is inadmissible, and after hearing any reply which the prosecutor may make, the magistrate shall allow or disallow the objection.
(5) If the magistrate admits in evidence the whole or any part of a statement under subsection (1), he shall make
Effect of
plea of guilty in committol proceedings.
$
a note in the minute of proceedings and he shall sign the statement certifying how much of the statement has been admitted by him.
(6) Notwithstanding anything contained in subsection (1), if
(a) the magistrate at any time before or during the hearing considers that any person, who has made a statement to which this section applies. ought to be called as a witness to give oral evidence at the hearing, or
(b) the prosecutor or the accused gives notice, as set out in subsection (7) requesting that any person, who has made a statement to which this section applies, be called as a witness to give oral evidence at the bearing,
the magistrate shall not proceed, or shall cease to proceed to admit such statement in evidence under this section, and he shall order that the person who made the statement be called as a witness to give oral evidence at the bearing and he shall take that person's evidence in the manner set out in section 80.
(7) The notice required to be given under paragraph (b) of subsection (6) shall be delivered to the magistrate in writing not less than three days before the date fixed for the hearing:
Provided that, on the application of the prosecutor or the accused, the magistrale may, if he thinks fit, reduce the period of notice and allow such shorter period as he shall specify.
80B. (1) On the hearing of an indictable offence not punishable with death, the accused may, at any stage of the proceedings, plead guilty to the charge and thereupon the magistrate may accept or reject the plea:
Provided that the rejection of a plea of guilty at any stage of the proceedings shall not prevent the acoused from pleading guilty under this section at a later stage of the proceedings and the magistrate may accept or reject the plea at that later stage.
(2) Where the magistrate rejects the plea, the proceed- ings before the magistrate shall be continued as if the plea had not been made.