1984 Ed.]
District Court
[CAP. 336
37
may, in any particular case, allow on any application made by or on behalf of the Attorney General. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 25, incorporated) 75A>
76. (1) Where a charge or complaint has been transferred as aforesaid, the Attorney General may, at any time before judgment, enter a nolle prosequi by informing the Court orally or in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused person shall be discharged in respect of the charge for which the nolle prosequi is entered: (Amended, 21 of 1962, s. 13)
Provided that such discharge shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) Upon the entry of a nolle prosequi under this section, if the accused person has been committed to prison he shall be released, or if on bail all recognizances in respect of his person shall be discharged, and, where the accused person is not before the Court when such nolle prosequi is entered, the Registrar or other proper officer of the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison or other place in which the accused person may be detained, and such notice shall be sufficient authority to discharge the accused person or, if the accused be not in custody, shall forthwith cause such notice in writing to be given to the accused person and his sureties. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 26, incorporated)
77. (1) Every charge sheet shall be signed by a legal officer as defined in the Legal Officers Ordinance, other than an assistant crown counsel, and shall bear date on the day on which it is so signed. (Replaced, 24 of 1976, s. 2)
(2) A charge sheet shall be in the form in the First Schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case.
(3) Subject to the provisions of this Ordinance, a charge sheet shall not be open to objection in respect to its form or contents, if it is framed in such manner as may be prescribed:
Provided that the Court may direct that further and better particulars of any charge shall be delivered. (Amended, 21 of 1962, s. 14)
(4) Every charge sheet, when so signed and dated as aforesaid, shall be delivered to the Registrar and shall be filed by him in the Court, and a copy thereof shall be served on the accused person in the manner hereinafter provided.
(5) Nothing in this section or in section 79 or 87 or in any rules made under section 87 shall affect the law or practice relating to the jurisdiction of the Court nor prejudice or diminish in any respect the obligation to establish by evidence according to law any
Nolle prosequi.
Signing and form of charge sheet. (Cap. 87.)
First Schedule.
1984 Ed.]
District Court
[CAP. 336
37
may, in any particular case, allow on any application made by or on behalf of the Attorney General. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 25, incorporated) 75A>
76. (1) Where a charge or complaint has been transferred as aforesaid, the Attorney General may, at any time before judgment, enter a nolle prosequi by informing the Court orally or in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused person shall be discharged in respect of the charge for which the nolle prosequi is entered: (Amended, 21 of 1962, s. 13)
Provided that such discharge shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) Upon the entry of a nolle prosequi under this section, if the accused person has been committed to prison he shall be released, or if on bail all recognizances in respect of his person shall be discharged, and, where the accused person is not before the Court when such nolle prosequi is entered, the Registrar or other proper officer of the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison or other place in which the accused person may be detained, and such notice shall be sufficient authority to discharge the accused person or, if the accused be not in custody, shall forthwith cause such notice in writing to be given to the accused person and his sureties. (Amended, 21 of 1962, s. 13)
(1 of 1953, s. 26, incorporated)
77. (1) Every charge sheet shall be signed by a legal officer as defined in the Legal Officers Ordinance, other than an assistant crown counsel, and shall bear date on the day on which it is so signed. (Replaced, 24 of 1976, s. 2)
(2) A charge sheet shall be in the form in the First Schedule with such additions and modifications as may be necessary to adapt it to the circumstances of the particular case.
(3) Subject to the provisions of this Ordinance, a charge sheet shall not be open to objection in respect to its form or contents, if it is framed in such manner as may be prescribed:
Provided that the Court may direct that further and better particulars of any charge shall be delivered. (Amended, 21 of 1962, s. 14)
(4) Every charge sheet, when so signed and dated as aforesaid, shall be delivered to the Registrar and shall be filed by him in the Court, and a copy thereof shall be served on the accused person in the manner hereinafter provided.
(5) Nothing in this section or in section 79 or 87 or in any rules made under section 87 shall affect the law or practice relating to the jurisdiction of the Court nor prejudice or diminish in any respect the obligation to establish by evidence according to law any
Nolle prosequi.
Signing and form of charge sheet. (Cap. 87.)
First Schedule.
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