518
No. 3 of 1890.
1st schedule: form 13.
Reading over depositions, and caution to accused. [11 & 12 Vict. c. 42 s. 18.]
form 70.
MAGISTRATES.
Magistrate shall, before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner as is hereinbefore provided for the taking of the evidence of the complainant or informant and his witnesses on a complaint or information for an offence punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the Magistrate taking the same.
73.—(1) After the examination of all the witnesses on the part of the prosecution has been completed the Magistrate hearing the case shall, if desired by the accused, without requiring the attendance of the witnesses, read or cause to be read to the accused, or, when necessary, cause to be interpreted, the depositions taken against him, and shall say to him these words or words to the like effect or cause the same to be interpreted to him-- Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything 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.
(2) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the Magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned: Provided always that the Magistrate, before the accused makes any statement, shall state or cause to be interpreted to him and give him or cause him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him on his trial notwithstanding such promise or threat.
(3) Any statement which purports to have been taken down and signed as provided in subsection (2) shall be admissible in evidence
* As amended by No. 8 of 1912.
518
No. 3 of 1890.
1st schedule: form 13.
Reading over depositions, and cautiou to accused. [11 & 12 Vict. c. 42 s. 18.]
form 70.
MAGISTRATES.
Magistrate shall, before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner as is hereinbefore provided for the taking of the evidence of the complainant or infor- mant and his witnesses on a complaint or information for an offence punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put questions: to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the Magistrate taking the same.
73.—(1) After the examination of all the witnesses on the part of the prosecution has been completed the Magistrate hearing the case shall, if desired by the accused, without requiring the attend- ance of the witnesses, read or cause to be read to the accused, or, when necessary, cause to be interpreted, the depositions taken against him, and shall say to him these words or words to the like effect or cause the same to be interpreted to him-- Having heard the evidence, do you wish to say anything in "answer to the charge? You are not obliged to say anything 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."
(2) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the Magistrate and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned: Provided always that the Magistrate, before the accused makes any site- ment, shall state or cause to be interpreted to him and give him or cause him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him on his trial notwithstand- ing such promise or threat.
(3) Any statement which purports to have been taken down and signed as provided in subsection (2) shall be admissible in evidence
* As amended by No. 8 of 1912.
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