Directory_and_Chronicle_1906 — Page 416

340

Contents.

Force.

Day or night.

Summons.

Warrant after

summons.

Warrant in first instance.

Refusal to take oath or to

answer,

In what cases.

Extent of following Kules.

Depositions.

Questions by accused.

RULES OF SUPREME COURT

or place, and if anything searched for is found, to seize it, and apprehend the occupier of the house or place.

The warrant shall be directed to some officer by name, who alone shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.

A general warrant to search shall not be granted, but the particular house or place must be indicated in it.

If the house or place is closed, and the officer is denied admission after demanding admission and disclosing his authority and the object of his visit, it may be forced open.

Where there is probable suspicion only, the warrant must be executed in the day time; where there is positive proof, it may be executed in the night time.

Witnesses

285. Where it is shown to the Court, on oath, that any British sub- ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily at- tend to give evidence at the preliminary examination, or in summary cases at the bearing of the charge, the Court shall issue a summons for Lis attendance.

286. If any person summoned does not obey the summons, and does not excuse his failure to the satisfaction of the Court, then (after proof on oath of the service of the summons) the Court may issue its warrant to compel his attendance.

287. Where it is shown to the Court, on oath, that any British sub- ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that it is probable he will not attend to give evidence at the preliminary examination or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant in the first instance.

288. If on the appearance of the person summoned, either in obedience to a summons, or on being brought up by virtue of a warrant, he refuses to take an oath,--or, having taken an oath, to answer any question put to him, and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on oath.

Issuing, Sc., of Warrant on Sunday or Holiday

289. A warrant for apprehension or commitment or other purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other day, where the urgency of the case so requires.

II. PROCEEDINGS BY PRELIMINARY EXAMINATION AND INDICTMENT

290. The following Rules (under the sub-heading "Proceedings by Preliminary Examination and Indictment") apply exclusively to cases where the charge is to be heard and determined not in a suminary way, but on indictment.

Preliminary Examination

291. Where the accused comes before the Court on summons or war- rant, or otherwise, the Court before committing him to prison for trial, or admitting him to bail, shall, in his presence, take the deposition on oath of those who know the facts and circumstances of the case, and shall put the same in writing.

292. The accused shall be at liberty to put questions to any witness produced against him, and the statements of any witness in answer thereto shall form part of that witness's deposition.