Directory_and_Chronicle_1902 — Page 383

Conduct of charge.

Of defence.

Publicity.

Admission of charge by accused.

Evidence for prosecution.

Defence.

Evidence in reply.

Variance

and evidence.

280

RULES OF SUPREME COURT

314. The prosecutor shall be at liberty to conduct the charge, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf.

315. The accused shall be admitted to make his full answer and defence to the charge, and to bave the witnesses examined and cross-examined by counsel or attorney on his behalf; and if he does not employ counsel or attorney, he shall, at the close of the examination of each witness for the prosecution, be asked by the Court whether he wishes to put any questions to the witness.

If he puts any question to a witness, the witness may be re-examined for the prosecution.

316. The room or place in which the Court sits to hear and determine the charge is an open and public Court, to which the public generally may have access as far as the room or place can conveniently contain them.

317. The substance of the charge shall be stated to the accused, and he shall be asked if he has any cause to show why he should not be convicted.

If he thereupon admits the truth of the charge, and does not show sufficient cause why he should not be convicted, the Court may convict him accordingly.

If he does not admit the truth of the charge, the Court shall proceed to hear the prosecutor and such witnesses as he examines, and such other evidence as be adduces in support of his charge.

On the termination of the whole evidence in support of the charge, if it appears to the Court that a prima facie case is made out against the accused, he shall be asked by the Court if he wishes to say anything in answer, or has any witnesses to examine or other evidence to adduce in his defence; and the Court shall then hear the accused and his witnesses and other evidence, if any.

318. If the accused adduces any evidence in his defence, the prosecutor may adduce evidence in reply thereto; but the prosecutor shall not in any case be allowed to make any observations by way of reply to the evidence adduced by the accused, nor shall the accused in any case be allowed to make any observations on evidence adduced by the prosecutor in reply.

319. A variance between the charge and the evidence adduced in between charge support of it as to the time at which the alleged crime or offence was committed is not material if it is proved that the charge was in fact made within the time (if any) limited by law for the making thereof.

Hearing may be adjourned in discretion of Court.

Custody during. adjournment.

But if any variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or misled, the Court may adjourn the hearing.

Adjournment

320. At any time before or during the hearing of the charge the Court may, in its discretion, for any good cause recorded in the minutes of proceedings, adjourn the hearing.

An adjournment ordered for any cause shall be made to a certain time and place, to be at the time of the adjournment appointed and stated in the presence and hearing of the parties, or their respective counsel or attorneys.

During the period of adjournment the Court may in its discretion, according to the nature and circumstances of each case, either suffer the accused to go at large or commit him by warrant to such prison or other place of security, or to such other safe custody as the Court 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.

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