Directory_and_Chronicle_1906 — Page 418

.342

In what cases.

Custody durin remand.

In what cases.

Where discre- -tionary,

Where or. dinarily to be taken.

In murder or treason.

Power of Judge of Supreme Court.

Form of bail.

•Copies of depositions

of accused.

RULES OF SUPREME 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 seeins 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 examination 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 in- tent to commit felony: Attempt to commit felony: Obtaining or attempt- ing to obtain property by false pretences:-Receiving stolen property, or property obtained by false pretences: Perjury, or subornation of perjury: Concealing the birth of a child by secret burying or otherwise: Wilful or indecent exposure of the person: Riot: Assault on a constable or officer of the Court in the execution of his duty, or any person acting in his aid: Neglect or breach of duty as a constable or officer of the Court: it shall be in the discretion of the Court to admit him to bail, either in the first instance, instead of committing him to prison for trial, or at any time. after his commitment and before trial.

Where the accused is charged with any indictable misdemeanour other than those hereinbefore described, the Court shall ordinarily admit him to bail.

303. A person charged with murder or treason can be almitted to bail by the Judge of the Supreme Court only.

304. The Judge of the Supreme Court may, on good grounds, admit any person to bail, although the Provincial Court before which the charge is made does not think fit to do so.

305. The accused who is to be admitted to bail is to produce such surety or sureties as, in the opinion of the Court, will be sufficient to ensure his appearance at the time and place when and where he is to be tried, and with such surety or sureties to enter into a recognizance accordingly.

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

306. At

any

Privileges of Accused

time after the preliminary examination has been com- pleted, the accused is entitled to have copies of the depositions on which