Directory_and_Chronicle_1899 — Page 320

Transmission of

270

BULES OF SUPREME COURT

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 depositions and 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.

other documents to Court.

Course of proceedin ga in trials on indictment s.

Conduct of prosecution

before Supreme Court.

Extent of following Rules.

Non-appearance of prosecutor.

Custody in case

Indictment

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

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 où 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for the Crown, appear in Court at the trial and take part in the prosecution; but no such prosecu- tion shall be withdrawn or abandoned without the express consent of the Law Secretary, as prosecutor for the Crown, or of his representative, given in open Court.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 PROCKEdings

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

Hearing

311. Where the accused comes before the Court on summons, or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had due notice of the time and place appointed for the hearing 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.

312. In case of adjournment the Court may commit the accused in of adjournment, 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.

Both parties appearing.

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- orney, the Court shall proceed to hear and finally determine the charge.