CAP. 227]
Indictable offences
which may be dealt with by permanent magistrate summarily.
Procedure
as to indictable offences triable
summarily. 42 & 43 Vict. c. 49, s. 27.
416
Rules, Forms 38, 82.
Rules. Form 83.
Special powers for summary trial of certain indictable offences.
Magistrates.
Sec. 89. Whenever any person is accused before a permanent magistrate of any indictable offence except an offence specified in the first part of the 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 two years or to a fine of two thousand dollars: Provided that nothing in this section shall affect any greater punishment specifically provided for in any other Ordinance. [84(2)]
90. Where an indictable offence is triable summarily—
(a) the procedure shall, until the magistrate assumes the power to deal with the offence summarily, be the same in all 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;
(b) 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;
(c) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and
(d) the order of dismissal shall be filed by the magistrates' clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused. [85]
91. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 42 and 43 of the Offences against the Person Ordinance...
3001958
5.7
CAP. 227]
Indictable offences
which may be dealt with by permanent magistrate summarily.
Procedure
as to indictable offences triable
summarily. 42 & 43 Vict. c. 49, s. 27.
4l6
Rules, Forms 38, 82.
Rules. Form 83.
Special powers for summary trial of certain indictable offences.
Magistrates.
Secor
89. Whenever any person is accused before a permanent magistrate of any indictable offence except an offence speci- fied in the first part of the 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 two years or to a fine of two thousand dollars: Provided that nothing in this section shall affect any greater punishment specifically provided for in any other Ordinance. [84(2)
90. Where an indictable offence is triable summarily— (a) the procedure shall, until the magistrate assumes the power to deal with the offence summarily, be the same in all 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 con- viction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly; (b) the evidence of any witness taken before the magis- trate 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;
(c) the conviction for any such offence shall be of the same effect as a conviction for the offence on indict- ment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and
•
(d) the order of dismissal shall be filed by the magis- trates' clerk in like manner as the conviction is here- by required to be filed, and together with the order. of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused.
[85
91. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 42 and 43 of the Offences against the Person Ordin-
280
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