193905-1932-Supplementary-Bills-read-a-first-time--Summary-Offences-Registration-of-United-Kingdom-Patents-Protection-of-Women-and-Girls-Amendment-Magistrates — Page 53

1

1831

85. Where an indictable offence is triable summarily Procedure

as to indictable

summarily.

(1) the procedure shall, until the magistrate assumes the offences power to deal with the offence summarily, be the same in all triable respects as if the offence were to be dealt with throughout 42 & 43 Vict. as an indictable offence, but when and so soon as the magis- c. 49, s. 27. trate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary con- viction shall apply accordingly;

(2) the evidence of any witness taken before the magis- trate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;

Forms

(3) the conviction for any such offence shall be of the First same effect as a conviction for the offence on indictment before Schedule. the court, and the magistrate may make the like order for the Nos. 38 restitution of property as might have been made by the court; and 82.

and

Forni

(4) the order of dismissal shall be filed by the magistrates First clerk in like manner as the conviction is hereby required to be Schedule. filed, and together with the order of dismissal or the conviction, No. 83. as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused.

Special

trial of

offences.

86. Where any person is accused of stealing from the person or of any offence within the meaning of either of powers for sections 44 and 45 of the Offences against the Person may Ordinance, 1865, it shall be lawful for a magistrate to hear the certain case and convict the accused summarily and to sentence him indictable to imprisonment for any term not exceeding one year, or to Ordinance commit the accused for trial before the court; and it shall also No. 2 of be lawful for two magistrates to sit together to hear the case, (cf. ss. 38 and they may, if they think fit, summarily convict the accused and 84). and sentence him to imprisonment for any term not exceeding two years, or they may commit the accused for trial before the court.

1865.

PART V.

SPECIAL POWERS,

Miscellaneous,

by one

87. In all proceedings before two magistrates sitting to- Issue of gether upon any complaint or information, it shall be lawful process for one magistrate to receive such complaint or information, magistrate and to grant a summons or warrant to compel the attendance though of

any witnesses, and to do all other necessary acts and matters before two preliminary to the hearing, even in cases where by the Ordin- magistrates. ance or statute in that behalf such complaint or information 11 & 12 Vict. must be heard and determined by two magistrates sitting to-

hearing

c. 43, s. 29.