221585-1935-Supplementary-Draft-Bill--Magistrates-Amendment-Buildings — Page 8

1176

TABLE OF CORRESPONDENCE

BETWEEN

THE MAGISTRATES AMENDMENT ORDINANCE, 1935,

AND

s. 37 (1) of the Criminal Justice Administration Act, 1914 (4 & 5 Geo.

5, c. 58),

s. 25 of the Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86),

s. 46 of the Supreme Court of Judicature Act, 1873 (36 & 37 Vict.

c. 66),

and the Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5,

c. 38).

New section.

Section

of model.

Remarks.

118A

4 & 5 Geo. 5, c. 58, s. 37 (1).

118B

15 & 16 Geo. 5, c. 86, s. 25.

1180

118D (1)

118D (2)

(3)

23 & 24 Geo. 5, c. 38, s. 7.

"magistrate" for "court of summary jurisdiction" in this section and wherever the expression occurs;

"or complaint" added after "in- formation": cf. S. 19 of the Summary Jurisdiction Act, 1879 (42 & 43 V. c. 49);

“hereinafter provided" for "provided by the Summary Jurisdiction Acts";

"judge of the Supreme Court" for "court of quarter sessions" in this section, and elsewhere "judge" wherever the expression occurs. (cf. note to 8. 118C infra).

"'or complaint" added after "in- formation" (v. note to s. 118A supra).

"may appeal.........in like manner”

for "shall have a right of appeal in manner provided by the Sum- mary Jurisdiction Acts."

The powers and duties of the com- mittee of justices in England (the appeal committee) are by this section delegated to such one of the judges as the Chief Justice shall arrange.

This sub-section allows the appellant to be heard in person or to be legally represented according to his means.

Gives the judge, on appeal, powers of receiving evidence similar to those in s. 78A (a) (b) and (c) of Ordinance No. 9 of 1899.

Derived from s. 298 of the Criminal Procedure Code (Ordinance No. 121) of the Straits Settle- ments, with the additional proviso that on a stay of execu- tion the appellant, if in prison, shall be treated as a person awaiting trial.