259
26
warrant for
72.-(1) If it is made to appear to a magistrate, by the Summons or oath of any credible witness, that any person likely to give witness, etc. material evidence on the part of the prosecution and will not 11 & 12 Vict. voluntarily appear at the time and place appointed for the e. 42, a. 16. examination of the witnesses against the accused, the raagis- trate may enforce the attendance of such person in the manner provided in Part II for the enforcing the attendance of a witness under the summary jurisdiction of such magistrate.
First
(2) If, on the appearance of such person so summoned, he refuses to be examined upon oath concerning the matter of the information or complaint, or refuses to take such oath or having taken such oath refuses to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit Schedule. such person to prison there to remain and be imprisoned for No. 11. any term not exceeding two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.
Form
accused.
& 75,
73.—(1) If. on the hearing of an information or charge Power to for an indictable offence, from the absence of witnesses or remand from any other reasonable cause, it becomes necessary or 11 & 12 Vict. advisable to defer the examination or further examination of c. 42, s. 21. the witnesses for any time, it shall be lawful for the magistrate First
Schedule, before whom the accused appears or is brought up by his Forms warrant from time to time to remand the accused for such Nos. 12 time as by the magistrate, in his discretion, may be deemed reasonable, not exceeding eight clear days, to prison or some place of security; or, if the remand is for a time not exceeding three clear days, it shall be lawful for the magistrate verbally to order the constable or other person in whose custody the accused may then be, or any other constable or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examina- tion: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided also that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may dis- charge him, on his entering into a recognizance, with or First without a surety or sureties, at the discretion of the magistrate, Schedule. conditioned for his appearance at the time and place appointed Nos. 76 for the continuance of the examination.
(2) If the accused does not afterwards appear at the time and place mentioned in the recognizance, the magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.
Forma
and 77.
taken not an open
74. The room or building in which a magistrate hears an Place where information or charge for an indictable offence shall not be examination deemed an open court for that purpose; and it shall be lawful for the magistrate hearing the case, in his discretion, to order that no person shall have access to or be or remain in such
court.
1 & 12 Vict.
c. 42, B. 19.
27
room or building without the consent or permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.
evidence at
75.--(1) On the hearing of an information or charge for Taking of an indictable offence where the accused is present at the hear- hearing. ing, the magistrate shall, before committing the accused to 11 & 12 Vict. prison for trial or before admitting him to bail to take his trial, e. 42, s. 17. in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same First manner as is hereinbefore provided for the taking of the Form evidence of the complainant or informant and his witnesses No. 13. on a complaint or information for an offence punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examine, and shall also be signed by the magistrate taking the same.
Schedule.
76. (1) After the examination of all the witnesses on Reading over the part of the prosecution has been completed the magistrate and caution depositions, hearing the case shall, if desired by the accused, without re- to accused. quiring the attendance of the witnesses, read or cause to be 11 & 12 Viet, read to the accused, or when necessary cause to be inter- € 42, s. 18. preted, the depositions taken against him, and shall inform him that he has the right, if he so desires, to give evidence on his own behalf. If the accused desires to give evidence. his evidence shall be taken upon oath and shall be subject to cross- examination as in the case of the evidence of any other witness. If the accused does not desire to give evidence on his own behalf, the magistrate shall say to him these words or words to the like effect or cause the same to be interpreted
him :-
-}
"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial.'*
Form
(2) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as herein- First after mentioned: Provided always that the magistrate, before Schedule. the accused makes any statement, shall state or cause to be No. 70. interpreted to him and give him or cause him clearly to under- stand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence on his trial notwithstanding such promise or threat.
(3) Any statement which purports to have been taken down and signed as provided in sub-section (2) shall be ad- missible in evidence against the accused in any court if it is produced out of the proper custody without further proof of the matters above mentioned, unless it is proved that such statement was not duly taken down or was not in fact signed by the magistrate or officer aforesaid purporting to sign the
same.
2.60
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