Directory_and_Chronicle_1868 — Page 365

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Where ordinarily to be taken.

la murder or treason.

Power of Judge of

·Supreme Court.

Form of bail,

Copies of depositions (to accused.

Transmission of

depositions and other documents to Court.

· Course of proceedings

82

RULES OF SUPREME COURT

Wilful or indecent exposure of the person; Riot;

Assult on a constable or officer of the Court in the execution

of his duty, or 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 misdemeanour other than those herein-before described the Court shall ordinarily admit him to bail.

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

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

305. The accused who is to be admitted to bail is to produce such surety or sureties as, in the opinion of the Court, will be suflicient 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 completed the accused is entitled to have copies of the depositions on which he has been committed for trial, or held to bail, 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 statement of the accused, the recognizances of prosecutor and witnesses, and the recognizance of bail (if any) shall be carefully transmitted in proper time to the Court at which the trial is to be held.

Indictment.

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

· Conduct of prosecution before Supreme Court.

Other criminal trials, with or without a jury, or with Assessors, and the proceedings before and after trial relative thereto, shall be conducted in like manner, mutatis mutaudis.

309. In criminal cases to be tried on indictment before the Judge or Assistant Judge of the Supreme Court, whether with or without a jury, the depositions when completed shall forthwith be delivered to the Law Secretary as prosecutor on behalf of the Crown, who shall thereupon, in person or by some proper representative appointed by him in any case by writing under his hand, take all proper steps for indicting and bringing to trial the accused, and conduct the prosecution in Court at the trial; and no such prosecution shall be under the direction or conduct of any private prosecutor.

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