CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 252

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mons, the depositions on either side and the statement of the accused, if any, shall be kept together until the close of the case before the magistrate, and if the accused is then com- mitted for trial shall be transmitted by the magistrate, or he shall cause the same to be transmitted, to the Crown Solicitor for the use of the Attorney General.

(cf. No. 9 of 1899, s. 11.)

committal of

79. When all the evidence offered on the part of the Discharge or prosecution against the accused has been heard, if the magis- accused. trate is of opinion that it is not sufficient to put the accused upon 11 & 12 Vict. his trial for any indictable offence, the magistrate shall forth- c. 42, s. 25. with order the accused, if in custody, to be discharged as to the information then under inquiry; but if, in the opinion of the magistrate, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as herein- before mentioned.

committal.

80.—(1) If the magistrate commits the accused to prison Informing for trial on any day between the 1st and 9th days, both accused of inclusive, of any month, he shall inform or cause the accused to be informed thereof in the words or to the effect following:--

"A.B., you stand committed to prison until the Criminal Session of the Supreme Court to be holden in or for this month there to take your trial."

(2) If the magistrate commits the accused to prison for trial on any other day of the month he shall inform or cause the accused to be informed thereof in the words or to the effect following:-

"A.B., you stand committed to prison until the Criminal Session of the Supreme Court to be holden in or for next month there to take your trial."

(3) Notwithstanding any such committal the court may, of its own motion or on the application of the Crown or of the accused, order the accused to be tried on any such date after his committal as the court may appoint.

after

81.-(1) The following documents, together with a certi- Depositions fied

copy thereof, shall, as soon as may be after the committal and exhibits of the accused person, be transmitted by the magistrate to the committal. Crown Solicitor for the use of the Attorney General, that is to say, the depositions of the witnesses, the documentary ex- hibits thereto, the statement of the accused person, and the record of his evidence, if any, and the recognizances entered into.

(2) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be transmitted by the magistrate to the Registrar for the use of the court.

(3) All exhibits other than documentary exhibits shall, unless the magistrate otherwise directs, be taken charge of by the police and shall be produced by them at the trial.