13/
CAP. 227]
[s. 14 cont.]
Power for public prosecutor to withdraw case.
Magistrates.
Attorney General shall as soon as conveniently may be cause notice in writing of his intention to be lodged as aforesaid.
[11C
15. (1) In any case before a magistrate in which a defendant is being tried for any offence and at any stage thereof before judgment and in any case in which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Attorney General may enter a nolle prosequi by informing the magistrate in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
Rights of parties to conduct case personally or by counsel.
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates' clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.
[11D
16. (1) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
Authority of crown counsel to prosecute etc.
24 of 1949, s.8.
(2) Without prejudice to the rights of the Attorney General every complainant or informant shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
[11E
17. Any officer discharging the functions of crown counsel shall without any appointment under section 13 be entitled to act as a public prosecutor and to represent the Attorney General on any appeal under section 103 or
III.
238
[11F
13/
CAP. 227]
[s. 14 cont.]
Power for public
prosecutor
to withdraw
case.
Magistrates.
Attorney General shall as soon as conveniently may be cause notice in writing of his intention to be lodged as afore- said.
[11C
15. (1) In any case before a magistrate in which a defendant is being tried for any offence and at any stage thereof before judgment and in any case in which an inquiry 24 of 1949, 8.8. is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Attorney General may enter a nolle prosequi by informing the magistrate in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
Rights of
parties to conduct case
personally or
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates' clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.
[11D
16. (1) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses 24 of 1949, s.8. examined and cross-examined by him or by counsel on his
behalf.
by counsel.
Authority of crown counsel to
prosecute etc.
24 of 1949, 8.8.
(2) Without prejudice to the rights of the Attorney General every complainant or informant shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or [11E by counsel on his behalf.
17. Any officer discharging--the functions of crown counsel shall without any appointment under section 13 be entitled to act as a public prosecutor and to represent the Attorney General on any appeal under section 103 or
III.
238
[11F
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