CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 249

25

where

is filed by

68.--(1) Where an indictment is filed by the Attorney Warrant to General against any person who is then at large, and whether apprehend such person has been bound by recognizance to appear to indictment answer to the same or not, the Registrar, on the application Attorney of the prosecutor or of any person on his behalf (if the person General" against whom the indictment has been filed has not already is at large. appeared and pleaded to the indictment), shall grant to him a 11 & 12 Vict. certificate of such indictment having been filed.

and accused

c. 42, s. 3.

Form

(2) On the production of such certificate to a magistrate, it shall be lawful for him, and he is hereby required, to issue First his warrant to apprehend the accused and to cause him to be Schedule. brought before him to be dealt with according to law; and No. 3. afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall without further inquiry or examination commit him for trial or admit him to bail in manner hereinafter mentioned.

(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.

warrant in

69. In every case where a charge or complaint for any Information indictable offence is made before a magistrate, if it is intended to lead to issue a warrant in the first instance against the accused, first instance an information and complaint thereof in writing upon the oath to be in

writing and of the informant or of some witness in that behalf shall be oath.

upon laid before the magistrate: Provided always that in every case 11 & 12 Vict. where it is intended to issue a summons instead of a warrant c. 42, s. 8. in the first instance, it shall not be necessary that such infor- mation and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided also that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the magistrate who takes the examination of the witnesses in that behalf as hereinafter mentioned.

Service of

70. The provisions with reference to summonses con- tained in Part II in relation to offences punishable on summary summonses. conviction shall apply equally, mutatis mutandis, to summonses 11 & 12 Vict. under this Part.

c. 42, s. 9.

71. The provisions with reference to the form of war- Form, etc., rants, the directions to be contained therein and the execution of warrants. thereof contained in Part II in relation to offences punishable 11 & 12 Vict. on summary conviction shall apply equally, mutatis mutandis, c. 42, s. 10. to warrants under this Part.

258