193905-1932-Supplementary-Bills-read-a-first-time--Summary-Offences-Registration-of-United-Kingdom-Patents-Protection-of-Women-and-Girls-Amendment-Magistrates — Page 48

Summons or warrant for

witness, etc.

c. 42, s. 16.

1826

72.—~(1) If it is made to appear to a magistrate, by the oath of any credible witness, that any person is likely to give 11 & 12 Vict. Inaterial evidence on the part of the prosecution and will not voluntarily appear at the time and place appointed for the examination of the witnesses against the accused, the agis- trate may enforce the attendance of such person in the manner provided in Part II for the enforcing the attendance of a witness under the summary jurisdiction of such magistrate.

First Schedule. Form No. 11.

Power to remand accused.

c. 42, s. 21.

First Schedule. Forms Nos, 12 & 75.

(2) If, on the appearance of such person so summoned, he refuses to be examined upon oath concerning the matter of the information or complaint, or refuses to take such oath or having taken such oath refuses to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for any term not exceeding two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

73.—(1) If. on the hearing of an information or charge for an indictable offence, from the absence of witnesses or 11 & 12 Vict. from any other reasonable cause, it becomes necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the magistrate before whom the accused appears or is brought up by his warrant from time to time to remand the accused for such time as by the magistrate, in his discretion, may be deemed reasonable, not exceeding eight clear days, to prison or some place of security; or, if the remand is for a time not exceeding three clear days, it shall be lawful for the magistrate verbally to order the constable or other person in whose custody the accused may then be, or any other constable or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examina- tion: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided also that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may dis- charge him, on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place appointed for the continuance of the examination.

First

Schedule.

Forms Nos. 76 and 77.

Place where examination taken not

an open court.

11 & 12 Vict. c. 42, s. 19.

(2) If the accused does not afterwards appear at the time and place mentioned in the recognizance, the magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.

74. The room or building in which a magistrate bears an information or charge for an indictable offence shall not be deemed an open court for that purpose; and it shall be lawful for the magistrate hearing the case, in his discretion, to order that no person shall have access to or be or remain in such