Extent of
following Rules.
Non-appearance of prosecutor.
Custody in case
98
RULES OF SUpreme court
Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecution for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecu- tion shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his representative, given in open Court.
III. SUMMARY PROCEEDINGS.
310. The following Rules (under the sub-heading "Summary Pro- ceedings ") apply exclusively to cases where the charge is to be heard and determined not on indictment, but in a summary way.
Hearing.
311. Where the accused comes before the Court on summons, or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had due notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear in person, or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the hearing, with or without imposing any terms.
312. In case of adjournment the Court may commit the accused in of adjournment. the meantime to prison, or to such other custody as it thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.
Both parties appearing.
Conduct of charge.
Of defence.
Publicity.
Admission of charge by accused.
Evidence for prosecution.
Defence.
A notice of each recognizance is at the same time to be given to each person bound thereby,
313. If both parties appear in person, or by counsel or attorney, the Court shall proceed to hear and finally determine the charge.
314. The prosecutor shall be at liberty to conduct the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf.
315. The accused shall be admitted to make his full answer and defence to the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.
If he puts any question to a witness, the witness may be re-examined for the prosecution.
316. The room or place in which the Court sits to hear and determine the charge is an open and public Court, to which the public generally may have access as far as the room or place can conveniently contain them.
317. The substance of the charge shall be stated to the accused, and he shall be asked if he has any cause to show why he should not to be convicte 1.
If he thereupon admits the truth of the charge, and does not show sufficient cause why he should not be convicted, the Court may conviet him accordingly.
If he does not admit the truth of the charge, the Court shall proceed to hear the prosecutor and such witnesses as he examines, aud such other evidence as he adduces in support of his charge.
On the termination of the whole evidence in support of the charge, if it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any witnesses to examine or other evidence to adduce in his