CO129-109 - Public Offices - 1865 — Page 135

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In what cases.

Custody during remand.

In what cases.

Where discretionary.

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Remand.

300. If from the absence of witnesses or any other reasonable cause the Court considers it necessary or advisable to defer or adjourn the preliminary examination, the Court may, by warrant (Form 44.), from time to time remand the accused for such time as seems reasonable, not exceeding fourteen days, to some prison or other place of security:

Or if the remand is for not more than eight days the Court may, by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue or keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order the accused to be brought before it.

Instead of detaining the accused in custody during the period of remand the Court may discharge him, on his entering into a recognizance, with or without a surety or sureties as the Court may think fit (Form 45.), for his appearance.

A notice of each recognizance (Form 46.) shall at the same time be given to each person bound thereby.

Commitment.

301. When all the evidence adduced at the preliminary exam- nation on the part of the prosecution has been heard, if the Court is of opinion that it is not sufficient to put the accused on his trial, the Court shall forthwith order him, if in custody, to be discharged as to the particular charge in question.

If, on the contrary, the Court is of opinion that the evi- dence is sufficient to put the accused on his trial, the Court shall either by warrant (Form 47.) commit him to prison, there to remain till delivered by due course of law, or admit him to bail.

Bail

302. Where the accused is charged with-

Felony;

Assault with intent to commit felony; Attempt to commit felony;

Obtaining or attempting to obtain property by false

pretences;

Receiving stolen property, or property obtained by false

pretences;

Perjury, or subornation of perjury;

Concealing the birth of a child by secret burying or

otherwise;

Wilful or indecent exposure of the person;

Riot;

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Assault on a constable or officer of the Court in the execution of his duty, or on any person acting in his aid;

Neglect or breach of duty as a constable or officer of

the Court;

it shall be in the discretion of the Court to admit him to bail, either in the first instance, instead of committing him to prison for trial, or at any time after his commitment and before trial.

Where the accused is charged with any indictable misde- Where meanour other than those herein-before described the Court ordinarily to shall ordinarily admit him to bail.

be taken.

can be lu murder or

303. A person charged with murder or treason admitted to bail by the Judge of the Supreme Court only. treasou.

304. The Judge of the Supreme Court may, on good Power of grounds, admit any person to bail, although the Provincial Court Judge of before which the charge is made does not think fit to do so. Supreme

Court.

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

A notice of each recognizance (Form 46.) is at the same time

to be given to each person bound thereby,

Privileges of Accused.

306. At any time after the preliminary examination has been Copies of completed the accused is entitled to have copies of the deposi- depositions to tions on which he has been committed for trial, or held to bail, accused.

on payment of a reasonable sum not exceeding sixpence for

every one hundred words, or gratis, if the Court so directs.

The Court shall, at the time of commitment or of holding to bail, inform the accused of his rights in this respect.

Preparations for Trial.

307. The written charge (if any), the depositions, the state- Transmission ment of the accused, the recognizances of prosecutor and witnesses, of depositions and the recognizance of bail (if any) shall be carefully trans- and other mitted in proper time to the Court at which the trial is to be court. held.

Indictment.

documents to

on trials on

303. A trial before the Judge or an officer of the Supreme Course of Court, with a jury, and the proceedings before and after trial proceedings relative thereto, shall be conducted as nearly as may be as a indictments. criminal trial before a Judge with a jury and the corresponding proceedings is and are conducted in England.

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