Directory_and_Chronicle_1889 — Page 920

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Confession.

Examination of this kind not

public.

Prosecutor or witnesses to enter into

recognizance,

what cases.

Custedy during remand.

In what cases.

Where discre- tionary.

96

RULES OF SUPREME COURT

depositions of the witnesses, and afterwards, on the trial of the accused, the same may be given in evidence against him without further proof thereof. 297. Nothing in the foregoing Rules, however, is to prevent the pro- secutor from giving in evidence any admission or confession or other statement of the accused made at any time, which would, by law, be admis- sible as evidence against him.

Publicity.

298. The room or place in which the preliminary examination is held is not an open or public Court for that purpose; and the Court may, in its discretion, in case it appears to it that the ends of justice will be best answered by so doing, order that no person have access to, or remain in, the room or place without the special permission of the Court.

Recognizance to Prosecute or give Evidence.

299. The Court may, at the preliminary examination, bind by recog- nizance the prosecutor and every witness to appear at the Court at which the accused is to be tried, to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be).

A notice of each recognizance shall at the same time be given to the person bound thereby.

If a witness refuses to enter into a recognizance, the Court may, by warrant, commit him to prison, there to remain until after the trial of the accused, unless in the meantime he duly enters into a recognizance.

But if afterwards, from want of sufficient evidence or other cause the accused is not either committed for trial or held to bail, the witness shall be discharged from custody by direction of the Court.

Remand.

300. If from the absence of witnesses or any other reasonable cause the Court considers it necessary or advisable to defer or adjourn the preliminary examination, the Court may, by warrant, from time to time remand the accused for such time as seems reasonable, not exceeding fourteen days, to some prison or other place of security;

Or, if the remand is for not more than eight days, the Court may, by word of mouth, order the officer or person in whose custody the accused is, or any other fit officer or person, to continue or keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order the accused to be brought before it.

Instead of detaining the accused in custody during the period of remand the Court may discharge him, on his entering into a recognizance with or without a surety or sureties, as the Court may think fit, for his appearance. A notice of each recognizance shall at the same time be given to each person bound thereby.

Commitment.

301. When all the evidence adduced at the preliminary examimation on the part of the prosecution has been heard, if the Court is of opinion that it is not sufficient to put the accused on his trial, the Court shall forthwith order him, if in custody, to be discharged as to the particular charge in question.

If, on the contrary, the Court is of opinion that the evidence is sufficient to put the accused on his trial, the Court shall either by warrant commit him to prison, there to remain till delivered by due course of law, or admit him to bail.

Bail.

302. Where the accused is charged with-

Felony;

Assault with intent to commit felony;