CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 253

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(4) At any time before the first day of the criminal session of the court at which any accused committed for trial is to be tried the accused or his counsel may require from the magis- trates' clerk copies of the depositions together with copies of any such statements or evidence as aforesaid, on payment of fifteen cents for each folio of seventy-two words.

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against

82. (1) When a corporation is charged, whether alone Procedure

on charge of or jointly with some other persen, with an indictable offence, indictable the magistrate may, if he be of the opinion that the evidence offence offered on the part of the prosecution is sufficient to put the corporation. accused corporation upon trial, order the documents specified 15&16 Geo, 5, in section 81 (1) which relate to the case to be transmitted to c. 86, s. 33. the Crown Solicitor for the use of the Attorney General and such order shall be deemed to be a committal for trial.

(2) If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or state- ments, and the magistrate may, notwithstanding, make an order under this section.

(3) Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily.

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85. Where an indictable offence is triable summarily :-

Procedure as to indictable

triable

summarily.

(1) the procedure shall, until the magistrate assumes the offences power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout 42 & 43 Vict. as an indictable offence, but when and so soon as the magis- c. 49, s. 27. trate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary con- viction shall apply accordingly;

(2) the evidence of any witness taken before the magis- trate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;

Forms

(3) the conviction for any such offence shall be of the First same effect as a conviction for the offence on indictment before Schedule, the court, and the magistrate may make the like order for the Nos. 38 restitution of property as might have been made by the court;

and

and 82,

(4) the order of dismissal shall be filed by the magistrates First clerk in like manner as the conviction is hereby required to be Schedule filed, and together with the order of dismissal or the conviction, No. 83.

as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused.

Forni

PART IV.

SUMMARY TRIAL OF INDICTABLE OFFENCES,

83. Nothing in this Part shall affect the powers conferred Saving as to upon magistrates by any Ordinance relating to the protection Ordinances of women and girls.

relating to

women and

girls.

(cf. No. 4 of 1897.)

summary

indictable

86. Where any person is accused of stealing from the Special person or of any offence within the meaning of either of powers for sections 44 and 45 of the Offences against the Person trial of Ordinance, 1865, it shall be lawful for a magistrate to hear the certain case and convict the accused summarily and to sentence him offences. to imprisonment for any term not exceeding one year, or to Ordinance commit the accused for trial before the court; and it shall also No. 2 of be lawful for two magistrates to sit together to hear the case, (cf. sg. 38 and they may, if they think fit, summarily convict the accused and 84). and sentence him to imprisonment for any term not exceeding two years, or they may commit the accused for trial before the court.

1865.

84.-(1) Whenever any person is accused before a Indictable magistrate of any indictable offence, except an offence specified offences in the Third Schedule, the magistrate, instead of committing the be dealt

which may accused for trial before the court, may deal with the case

with sum- and convict the accused summarily, and on conviction may Third

marily. sentence the accused to imprisonment for any term not ex- Schedule. ceeding six months or to a fine not exceeding two hundred and fifty dollars: Provided that nothing in this section shall Schedule. affect any greater punishment specifically provided in any other Form Ordinance.

(2) The magistrate may nevertheless, if he thinks fit, com- mit any such accused for trial before the court.

(3) Nothing in this section shall affect the provisions of section 86.

First

No. 82.

PART V.

SPECIAL POWERS.

Miscellaneous.

by one

hearing

87. In all proceedings before two magistrates sitting to- Issue of gether upon any complaint or information, it shall be lawful process for one magistrate to receive such complaint or information, magistrate and to grant a summons or warrant to compel the attendance though of any witnesses, and to do all other necessary acts and matters before two preliminary to the hearing, even in cases where by the Ordin- magistrates. ance or statute in that behalf such complaint or information 11 & 12 Vict. must be heard and determined by two magistrates sitting to-

c. 43, s. 29.

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