1890_CRIMINAL_PROCEEDINGS_ORDINANCE — Page 1

186

Title.

Indictment or information.

Effect of plea of "Not guilty."

Refusal to plead.

Amendment of indictment or information.

Judgment not to be reversed, except upon objections arising upon record.

Judgment not to be reversed for want of averments of immaterial matters, &c.

BR

ORDINANCE No. 8 OF 1845.

Criminal Proceedings.

No. 8 of 1845.

An Ordinance to regulate Criminal Proceedings.

[19th August, 1845.]

Be it enacted and ordained, that for the purpose of bringing a criminal case under the cognizance of the Supreme Court, an indictment or information, duly signed by the Attorney General, or, in his absence, by the Colonial Secretary, shall be as valid and effectual in all respects as if the same had been presented by a grand jury. [See Ordinance No. 6 of 1846.]

2. And be it further enacted and ordained, that every prisoner, upon being arraigned upon or charged with any indictment or information, by pleading generally thereto the plea of "not guilty" shall, without further form, be deemed to have put himself or herself upon the country for trial.

3. And be it further enacted and ordained, that if any prisoner being arraigned upon, or charged with any indictment or information, stand mute of malice, or will not answer directly to the indictment or information, the Court shall, if it shall so think fit, order the Registrar to enter a plea of "not guilty" on behalf of such prisoner, and the plea so entered shall have the same force and effect as if such prisoner had actually pleaded the same; or else the Court shall thereupon cause a jury to be impanelled to try whether the prisoner be of sound or unsound mind; and if he or she shall be found to be of unsound mind, the Court shall make such order touching the safe custody of the said prisoner as to the Court shall seem just and proper; and if he or she shall be found of sound mind, the Court shall proceed with the trial of the said prisoner.

4. And be it further enacted and ordained, that before the jury are charged with the trial of any prisoner, or during the progress of any such trial, it shall be lawful for the Court to amend the indictment or information in any matter of form not calculated to prejudice or mislead the prisoner in his or her defence.

5. And be it further enacted and ordained, that no judgment upon any indictment or information, whether after verdict of the jury, or upon confession of the prisoner, or otherwise, shall be stayed or reversed, except for objections arising upon the face of the record, and whereby the proceedings thereon are rendered erroneous or defective.

6. And be it further enacted and ordained, that no such judgment shall be stayed or reversed for want of the averment of any matter unnecessary to be proved; nor because any person or persons mentioned in the indictment or information is or are designated by name of office or other descriptive appellation, instead of his or their proper name or names; nor for omitting to state, or erroneously stating, the time or place at which the offence was committed in any case in which time or place is not of the essence of the offence; Provided that the Court shall appear by the indictment or information to have had jurisdiction in the case; nor on the ground of any objection to the form or relevancy of the indictment or information which, if stated before the jury were impanelled, or during the progress of the trial, might have been amended by the Court.