1923_MAGISTRATES_ORDINANCE__1890 — Page 39

480

Indictable

offences

which may

Third Schedule.

**

No. 3 of 1890.

MAGISTRATES.

80.-(1) Whenever any person is accused before a magis- trate of any indictable offence, except an offence specified in be dealt with. the Third Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars Provided that nothing in this section shall Form No. 83. affect any greater punishment specifically provided in any

other Ordinance."

First

Schedule.

Ordinance

Procedure as to indictable offences triable summarily.

c. 49, s. 27.

(2) A magistrate may nevertheless deal summarily under this section with the case of a person accused, under section. 82. (5) (a) of the Bankruptcy Ordinance, 1891, of the offence of obtaining credit under false pretences or by means of any other fraud.

(3) The magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment, not exceeding fourteen days at any one time. and not exceeding one month in the whole

whole.

(4) The magistrate may nevertheless, if he thinks fit, com- mit any such accused for trial before the court.

(5) Nothing in this section shall affect the provisions of section $2.

81. Where an indictable offencefis triable summarily,-- (1) the procedure shall, until the magistrate assumes the power to deal with the offence summarily, he the same in all 42 & 43 Vict. respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the magistrate 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 conviction shall apply accordingly;

(2) the evidence of any witness taken before the magistrate 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;

* As amended by No. 29 of 1915.

† As amended by Law Am. Ord., 1923.

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