(3) If the magistrate does not reject a plea made under subsection (1), the magistrate before he accepts the plea sball-
(a) require the prosecutor to outline to the accused, to the satisfaction of the magistrate, the alleged facts upon which the charge is based;
(b) explain to the accused the offence with which he
is charged and the ingredients which at law con stitute such offence; and
(c) record the outline of the alleged facts and any statement made by the accused in pleading guilty to the charge and that the offence and the in- gredients which at law constitute the offenes were explained to the accused,
and if the magistrate is satisfied that the accused by his plea of guilty admits the ingredients which at law constitute the offence with which he is charged, the magistrate may accept the plea and, after accepting the plea, the magistrate shall thereupon order that the accused stand committed to the Criminal Sessions of the Supreme Court to be dealt with as is hereinafter in this section provided.
(4) The judge before whom the accused is brought- (a) shall, if it appears to him from the information or evidence given to or before him that the facts in respect of which the accused was charged before the magistrate do not support the charge to which the accused pleaded guilty, or if the accused or counsel for the Crown requests that an order be made under this paragraph, and may, if for any other reason the judge sees fit so to do, order that the proceedings before the magistrate at which the accused pleaded guilty be continued at a time and place to be specified in the order: (b) unless an order is made under paragraph (0), shall have the same powers of convicting and sentencing or otherwise dealing with the accused and of finally disposing of the charge and of all incidental matters as he would have bad if the accused on arraignment at any sittings of the court had pleaded guilty to the offence charged on an indict- ment filed by the Attorney General.
(5) All proceedings relating to a committal for trial shall apply, as nearly as may be, to a committal under subsection (3), and bail may be similarly granted, but no
(Cap. 221).
7
person shall be bound over to give evidence on any com- mittal under that subsection unless the magistrate shall otherwise order.
(6) Where an order is made by a judge under paragraph (a) of subsection (4) that proceedings before a magistrate at which an accused pleaded guilty be continued at a time and place specified in the order, those proceed- ings shall be continued in all respects as if the accused had not pleaded guilty and as if those proceedings had been adjourned by the magistrate to the time and place so specified.
(7) Upon the making of any such order the judga may exercise any power that the magistrate might have exercised under section 78 if the order had been an order made by the magistrate adjourning the proceeding to the time and place so specified, and the provisions of that section shall apply to and in respect of the accused.
(8) Where a person has, in respect of any charge to which he has pleaded guilty under subsection (1), been committed under subsection (3), the Attorney General may in his discretion direct in writing that no further proceedings under this section be taken against the person so committed in respect of that charge and upon the giving of such direction-
(a) no further proceedings shall be taken under this section against the person so committed in respect of that charge; and
(b) the provisions of section 16 of the Criminal Procedure Ordinance shall apply to and in respect of the person concerned as if he were under com- mittal for trial and the Attorney General had declined to file an indictment against him.
(9) This section shall not apply where the indictable offence with which the person is charged may be transferred to the District Court by virtue of the provisions of Part IIIA and is being so transferred.”.
16. Section 81 of the principal Ordinance is amended by the Amendment insertion in subsection (1), after "witnesses" in the first place where it of section 81. occurs, of the following-
"and the admission of any statements”.