Directory_and_Chronicle_1898 — Page 326

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IN CHINA AND JAPAN

269

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 bis rights in this respect.

Preparations for Trial

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307. The written charge (if any), the depositions, the statement of the accused, the recognizances of prosecutor an I witnesses, and the recognizance Transmission of of bail (if any) shall be carefully transmitted in proper time to the Court depositions and at which the trial is to be beld.

Indictment

other documents to Court.

in trials on

308. A trial before the Judge or an officer of the Supreme Court, with Course of a jury, and the proceedings before and after trial relative thereto, shall be proceedings conducted as nearly as may be as a criminal trial before a Judge with a indictments. 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 Conduct of Assistant Judge of the Supreme Court, whether with or without a jury, before Supreme

prosecution the depositions when completed shall forthwith be delivered to the Law Court. 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.

Any private prosecutor may, however, retain any member of the English, Irish, or Scottish Bar, or any regular and duly qualified advocate of foreign nationality, to assist in the prosecution; and such barrister or advocate may, with the assent of the prosecution for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecu- tion shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his representative, given in open Court.

III.—SUMMARY PROCEEDINGS

310. The following Rules (under the sub-heading "Summary Pro- Extent of ceedings") apply exclusively to cases where the charge is to be heard and following Rules. determined not on indictment, but in a summary way.

Hearing

311. Where the accused comes before the Court on summens, or Non-appearance warrant, or otherwise, either originally or on adjournment, then if the of prosecutor. prosecutor, having had due notice of the time and place appointed for the bearing or adjourned hearing of the charge, does not appear in person, or by counsel or attorney, the Court shall dismiss the charge, unless for some reason it thinks proper to adjourn or further adjourn the hearing, with or without imposing any terms.

of adjournment.

312. In case of adjournment the Court may commit the accused in Custody in case the meantime to prison, or to such other custody as it thinks fit, or may discharge him on his entering into a recognizance with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment.

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

313. If both parties appear in person, or by counsel or at- Both parties torney, the Court shall proceed to hear and finally determine the appearing. charge.

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