CAP. 227]
Magistrates.
[B. 82 cont.] magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.
Binding over
of prosecutor
11 & 12 Vict.
c. 42, s. 20;
30 & 31 Vict.
c. 35, s. 3.
Rules.
(3) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing and transmitted together with the depositions of the witnesses for the prosecution as is hereinafter mentioned.
(5) Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.
[77
83. (1) On the hearing of an indictable offence as aforesaid, it shall be lawful for the magistrate to bind by recognizance the prosecutor and his witnesses or any of them to appear at the criminal session of the court at which the accused is to be tried then and there to prosecute, or to prosecute and give evidence, or to give evidence alone, as the case may be, against the accused; and the recognizance shall particularly specify the profession, art or trade of every such person entering into or acknowledging the same, together with his Christian or other name and surname.
Form 71.
(2) Such witnesses for the accused as may be called and examined as aforesaid, not being witnesses as to the character of the accused merely, who, in the opinion of the magistrate, give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by recognizance to appear and give evidence at the criminal session of the court at which the accused is to be tried in the same manner as the prosecutor and his witnesses.
- 276
Page 50
Page 51
CAP. 227]
Magistrates.
[B. 82 cont.] magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused his counsel shall be heard on his behalf if he so desires.
Binding over
of prosecutor
11 & 12 Vict.
c. 42, s. 20;
30 & 81 Vict.
c. 35, s. 3.
Rules.
(3) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call wit- nesses, or to call witnesses only, the magistrate shall proceed to take either forthwith, or, if a speech is to be made by counsel on behalf of the accused, after the conclusion of that speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(4) All statements by the accused and all evidence given by him or any such witness as aforesaid shall be taken down in writing and transmitted together with the depositions of the-witnesses-for-the-prosecution-as-is-hereinafter-mentioned.
(5) Nothing contained in this section shall prevent the prosecutor in any case from putting in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.
[77
83. (1) On the hearing of an indictable offence as and witnesses. aforesaid, it shall be lawful for the magistrate to bind by recognizance the prosecutor and his witnesses or any of them to appear at the criminal session of the court at which the accused is to be tried then and there to prosecute, or to prose- cute and give evidence, or to give evidence alone, as the case may be, against the accused; and the recognizance shall particularly specify the profession, art or trade of every such person entering into or acknowledging the same, together with his Christian or other name and surname.
Form 71.
(2) Such witnesses for the accused as may be called and examined as aforesaid, not being witnesses as to the character of the accused merely, who, in the opinion of the magistrate, give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by re- cognizance to appear and give evidence at the criminal session of the court at which the accused is to be tried in the same manner as the prosecutor and his witnesses.
- 276
Page 50Page 51
No comments yet.
Private notes are available after approval.