Directory_and_Chronicle_1887 — Page 834

Where or- diparily to be taken.

In murder or treason,

Power of Judge of Supreme Court.

Form of buil,

Copies of depositions to accused.

Transmission of

depositions and

90

RULES OF SUPREME COURT

Attempt to commit felony;

Obtaining or attempting to obtain property by false pretences; Receiving stolen property, or property obtained by false pretences; Perjury, or subornation of perjury;

Concealing the birth of a child by secret burying or otherwise; Wilful or indecent exposure of the person;

Riot;

Assault 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 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.

365. 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 sufficient 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.

A notice of each recognizance 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 com- pleted, 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 reason- able 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 other documents accused, the recognizance 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.

to Court.

Course of proceedings

In trials on indictments.

Conduct of prosecution

Court.

Indictment.

308. A trial before the Judge or an officer of the Supreme Court, 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.

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 mutandis.

309. In criminal cases to be tried on indictment before the Judge or before Supreme 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.