Magistrates.
[CAP. 227
(2) If, on the appearance of such person so summoned, 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 two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.
[72
Form 11.
remand
11 & 12 Vict.
Geo. 5,
ales
78. (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, unless the person remanded and the prosecutor consent 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 police officer or other person in whose custody the accused may then be, or any other police officer or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examination: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided also that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may discharge him, on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place appointed for the continuance of the examination.
Forms 76-77.
(2) A magistrate, on being satisfied that a person accused of any offence who has been remanded is by reason
[ef. 4 & 5
Geo. 5, c. 58, s. 20 (1).]
273
P
Magistrates.
[CAP. 227
(2) If, on the appearance of such person so summoned, 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 Rules. such person to prison there to remain and be imprisoned for two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.
[72
Form 11.
remand
11 & 12 Vict.
Geo. 5,
ales
78. (1) If, on the hearing of an-information or charge-Power to -for an indictable offence, from the absence of witnesses or accused.
from any other reasonable cause, it becomes necessary or c. 42, s. 21. advisable to defer the examination or further examination of [ef. 4 & 5 the witnesses for any time, it shall be lawful for the magistrate
c. 58. B. 20 (2).] before whom the accused appears or is brought up by his
Rules. warrant from time to time to remand the accused for such Forms 12, 75. time as by the magistrate, in his discretion, may be deemed 24 of 1949, s.23. reasonable, not exceeding unless the person remanded and the prosecutor consent eight clear days, to prison or some place of security; or, if the remand is for a time not exceed- ing three clear days, it shall be lawful for the magistrate verbally to order the police officer or other person in whose custody the accused may then be, or any other police officer or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examination: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expira- tion of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided also that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may discharge him, on his Rules. entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place appointed for the con- tinuance of the examination.
Forms 76-77.
(2) A magistrate, on being satisfied that a person 24 of 1949, s.23. accused of any offence who has been remanded is by reason [ef. 4 & 5
273
P
Geo, 5, c. 58, s. 20 (1).]
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