IN CHINA AND JAPAN.

Wilful inde ent exposure of the persou; ̧

Riot;

1

89

Assaul on a constable or officer of the Court in the execu-

tion bis duty, or any person acting in his ail;

Neglet or breach of duty as a constable or officer of the

Court;

it shall be in t discretion of the Court to admit him to bail, either in the first instanc, instead of co umitting him to prison for trial, or at any time ter his commitment and before trial.

Where the accused is charged with any indictable misdemeanour Where ordinarily other than those herein before described, the Court shall ordinarily to be taken, admit him to bail..

303. A person charged with murder or treason can be admitted lu murder or treasDOR, to bail by the Judge,of the Supreme Court only.

301. The Judge of th› Sayrem › Cɔ irt may, on good grounds, Power of Judge of almit any person to bail, although the Provincial Court before Supreme Court, which the charge is mad: des not think fit to do so.

305. The accused who is to be a Imitted to bail is to produce Form of bail. such surety or sir ties as, in the opinion of the Court, will bɔ sufficient to ensure his appearance at the time ani plac when and where he is to be tried, and with such surety or sureties to 'enter into a recognizance accordingly (Form 45).

A notic of each recoga zance (Form 46) is at the same time to

1

be given to each person buul thereby.

Frivileges of Accused.

to acoused.

396. At any time after the preliminary examination has been Copies of depositiona completed, the accuso I is entitled to have copies of the depositions on which he has been comitted for trial, or held to bail, on payment of a reasonable s un, not exe eding sixpence for every one hundred words, or gratis, if the Court s› directs.

The Court shall, at the time of com-uitment or of olding to bail, inform the accused of his rights in this respect.

Preparations for Trial.

documents to Court,

307. The written charge (any), the depositions, the statement Transmission of of the accused, the recognizance of prsecutor and witnesses, and the depositions and other recognizance of bail (if any) shall be carefully transmitted in proper time to the Cour, at which the trial is to be held.

Indictment.

308. A trial before the Judge or an officer of the Supreme Course of proceedings Court, with a jury, aul the proceedings before and after trial relative in trials on indictmente, thereto, shall be conducted as nearly as may be as a criminal trial

before a Judge with a jury and the corresponding proceedings is

and are conducted in England.

Other criminal trials, with or without a jury, or with Assessors,

and the proceedings before and af er trial relative thereto, shall be

con let in like manner, mutatis mutandis.

309. In criminal cases to be tried on indictment before the Conduct of prosecution Judge or Assistant Junge of the Supreme Court, whether with or before Supreme Court. without a jury, the depositions when completed shall orthwith be delivered to the Law Secretary, as prosecutor on behalf of the Crown, who shall thereupon, in person or by so no proper representat.ve appointed by him, in any case by writing under his hand, take all proper steps for in lieting and bringing to trial the accused, and conduct the pr seention in Cut at the trial; and no such pros cutia shall be under the di.ec in or conduct of any private prosecutor.

Page 660Page 661

Share This Page