Directory_and_Chronicle_1910 — Page 359

392

Form 39.

Presence of

accused

person.

Preliminary examination need not be in open Court.

Depositions to be taken.

Form 28.

Discharge or commutal on conclusion of evidence.

Statement of the accused.

Form 29.

RULES OF SUPREME COURT

character is concealed on the premises of a person subject to the provisions of the Principal Order, the Court may grant a warrant to search for such property or person.

(2.) A search-warrant may be issued and executed as well on Sun- days and holidays as on other days, and by night as well as by day.

(3.) The person to whom a search-warrant is addressed alone has the power to execute it, but may take with him as many persons as are necessary to assist him.

(4.) If the house or place is kept closed after the person executing the warrant has demanded admission and declared his authority and the object of his visit, he may break it open.

(5.) When the alleged offence is one within Article 70 (as to Smuggling) of the Principal Order, a search-warrant may be granted by the Court of its own motion, without a sworn information.

Preliminary Examination.

41. At every preliminary examination the accused person must be present.

42. A preliminary examination may be held in any convenient place? and such place shall not be deemed an open Court, and the Court may, at its discretion, for reasons to be recorded in the Minutes, order that no person shall be admitted or allowed to remain without permission, except the witnesses of the prosecutor and accused and their legal practitioners. 43. At a preliminary examination the Court shall take down in writing, and in the presence of the accused, the depositions on oath of those who know anything of the facts of the case, and the cross- examination of such witnesses by or on behalf of the accused, and the re-examination, and either at the completion of each deposition or at any time before committing the accused for trial, the depositions must be read over to the several depouents, who are to sign them. If after hear- ing them read they desire to add to or to vary their deposition in any way, they must do so before signing and in the presence of the accused, who, in the event of any material alteration being made, may cross- examine upon that particular point. The Court must initial every alteration, and sign and date each deposition on completion.

44. At the conclusion of the evidence of the witnesses for the prosecution, if the Court is of opinion that it is not sufficient to put the accused party on his trial for any indictable offence, it shall forthwith. order the accused to be discharged as to the complaint then under inquiry; but if the Court is of opinion that there is sufficient evidence, it shall frame in writing a charge against the accused, which shall be read

over to him.

you

45. After the charge is read to the accused the Court must address him to the following effect: "Having heard the evidence, do wish to say anything in answer to the charge? You are not obliged to say any- thing unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your

trial. You have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission, but whatever you may say will be taken down, and may be used as evidence against you at your trial." And whatever the accused may say in reply must be written down and read to him, and afterwards signed by the Court and kept among the depositions. And the fact of the caution having been administered and the words used