1923_MAGISTRATES_ORDINANCE__1890 — Page 33

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No. 3 of 1890.

MAGISTRATES.

11 & 12 Vict.

Form, etc., of warrants.

67. The provisions with reference to the form of warrants, the directions to be contained therein, and the execution thereof contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to warrants under this Part.

Summons or warrant for witness, etc.

11 & 12 Vict. c. 42, s. 16.

[s. 68, rep. Law Revision Ordinance, 1924.]

69.—(1) If it is made to appear to a magistrate, by the oath of any credible witness, that any person is likely to give material 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 magistrate may enforce the attendance of such witness in the manner provided in Part II for enforcing the attendance of a witness under the summary jurisdiction of such magistrate.

(2) If, on the appearance of such witness, 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.

First Schedule.

Power to remand accused.

11 & 12 Vict. c. 42, s. 21.

First Schedule.

70.—(1) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or 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 to keep him in custody for the time being and always to bring him before the magistrate to be dealt with according to law, or to remand him to prison.

(2) And upon the remand being for a period not exceeding three clear days, the accused may be discharged at the expiration of such period without being brought before a magistrate, unless the magistrate shall otherwise order.

71. If it is deemed lawful to issue a warrant in such case, the justice may order the issue of the warrant to enforce the attendance of the witness.

72. On the hearing of an information for an indictable offence, the magistrate may remand the accused to prison to be dealt with according to law, or to be tried at the next assizes or quarter sessions, and may commit him to prison or to bail to appear at the trial, and may bind over the witnesses for the prosecution and the accused to give evidence at the trial.