1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 87

86

CAP. 221]

Criminal Procedure

[1988 Ed.

SIXTH SCHEDULE

PROCEDURAL AND OTHER PROVISIONS APPLICABLE ON ORDER FOR RETRIAL

Depositions

(s. 83F]

1. On a retrial, section 70 of the Evidence Ordinance (Cap. 8) (admissibility in evidence in criminal proceedings of deposition of person dead, etc.) shall not apply to the depositions of any person who gave evidence at the original trial or to any written statement by such a person tendered under section 81A of the Magistrates Ordinance (Cap. 227) in the committal proceedings before the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence--

(a) by agreement between the prosecution and the defence; or

(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or secure his attendance have been made without success,

and in either case may be so read without further proof, if verified in accordance with rules and orders made under section 9.

2.

Sentence on conviction at retrial

(1) Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorized by law.

(2) Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.

(3) Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded-

(a) any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and

(b) any time during which he was at large after being admitted to bail under section 83F(2). (4) Section 67A shall apply to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

(5) In this paragraph “sentence" has the meaning assigned by section 80.

(Added, 34 of 1972, s. 20) [ef, U.K. 1968 c. 19, Sch. 21

SEVENTH SCHEDULE

APPLICATION OF PART IV OF MENTAL HEALTH ORDINANCE WHERE ORDER MADE UNDER SECTION 83N

Order for custody pending trial

[s. 83N]

1. Where an order is made by the Court of Appeal under section 83N(3) of this Ordinance for a person to be kept in custody pending trial, sections 53, 54 and 54A of the Mental Health Ordinance (Cap. 136), shall apply to him as they apply to the persons listed in section 53(2)(a) to (d) of the Mental Health Ordinance.

Order for continued detention under Mental Health Ordinance

2. Where an order is made by the Court of Appeal under section 83N(3) of this Ordinance for a person's continued detention under the Mental Health Ordinance, Part IV of that Ordinance (admission of patients concerned in criminal proceedings and transfer of patients under sentence) shall apply to him as if he had been ordered under the said subsection (3) to be kept in custody pending trial and were detained in pursuance of a transfer order or an order under section 54A of that Ordinance.

{Added, 34 of 1972, s. 20.

Amended, 37 of 1973, s. 7) [cf. U.K. 1968 c. 19, Sch. 3]