38
CAP. 336]
District Court
[1984 Ed.
Limitation on prosecutions.
Procedure and
practice of the Court in its criminal jurisdiction.
(Cap. 221.)
Second Schedule.
Second Schedule.
act, omission or intention which is legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the law of evidence in criminal cases. (Amended, 21 of 1962, s. 14)
(1 of 1953, s. 27, incorporated)
78. Where by any enactment there is imposed a limit of time within which a prosecution for any offence may be commenced, such limit shall apply in the case of a prosecution for such offence in the Court.
(1 of 1953, s. 28, incorporated. Amended, 21 of 1962, s. 13 and 16 of 1970, Schedule)
79. (1) Subject to the provisions of this Ordinance and as may be prescribed, the procedure and practice for the time being in force in the High Court in relation to criminal proceedings therein shall, so far as the same may be applicable, be followed as nearly as may be in criminal proceedings in the Court; and where it is necessary for the purpose of rendering such procedure and practice conveniently applicable, "indictment" and "count" shall be understood to refer to "charge sheet" and "charge" respectively. (Amended, 21 of 1962, s. 15)
(2) Notwithstanding the provisions of subsection (1), none of the provisions of the Criminal Procedure Ordinance in Part I of the Second Schedule particularized shall be applied to proceedings in the Court. (Amended, 21 of 1962, s. 15)
(3) The special provisions contained in Part II of the Second Schedule touching the procedure and practice of the Court in the exercise of its criminal jurisdiction shall be applied to criminal proceedings in the Court where the circumstances of such proceedings require their application. (Amended, 21 of 1962, s. 15)
(4) Where any provision of the Criminal Procedure Ordinance is applicable to criminal proceedings in the Court, such provision shall be read with such verbal alterations and modifications not affecting its substance as are necessary to render it conveniently applicable; and in particular, and without prejudice to the generality of the aforesaid, any such provision relating to a "jury" or a "verdict of a jury" shall be understood to refer to a judge and the functions of a judge as a judge of fact. (Amended, 21 of 1962, s. 15 and 63 of 1971, s. 13)
(5) Nothing in this section shall be taken to authorize—
(a) the institution of any criminal proceedings in the Court save in accordance with the express provisions of this Part; or (Amended, 21 of 1962, s. 15)
(b) trial by jury in any criminal proceedings instituted under the provisions of this Part.
(1 of 1953, s. 29, incorporated)
**
38
CAP. 336]
District Court
[1984 Ed.
Limitation on prosecutions.
Procedure and
practice of the Court in its criminal jurisdiction.
(Cap. 221.)
Second Schedule.
Second Schedule.
act, omission or intention which is legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the law of evidence in criminal cases. (Amended, 21 of 1962, s. 14)
(1 of 1953, s. 27, incorporated)
78. Where by any enactment there is imposed a limit of time within which a prosecution for any offence may be commenced, such limit shall apply in the case of a prosecution for such offence in the Court.
(1 of 1953, s. 28, incorporated. Amended, 21 of 1962, s. 13 and 16 of 1970, Schedule)
79. (1) Subject to the provisions of this Ordinance and as may be prescribed, the procedure and practice for the time being in force in the High Court in relation to criminal proceedings therein shall, so far as the same may be applicable, be followed as nearly as may be in criminal proceedings in the Court; and where it is necessary for the purpose of rendering such procedure and practice conveniently applicable, "indictment" and "count" shall be understood to refer to "charge sheet" and "charge" respectively. (Amended, 21 of 1962, s. 15)
(2) Notwithstanding the provisions of subsection (1), none of the provisions of the Criminal Procedure Ordinance in Part I of the Second Schedule particularized shall be applied to proceedings in the Court. (Amended, 21 of 1962, s. 15)
(3) The special provisions contained in Part II of the Second Schedule touching the procedure and practice of the Court in the exercise of its criminal jurisdiction shall be applied to criminal proceedings in the Court where the circumstances of such proceed- ings require their application. (Amended, 21 of 1962, s. 15)
(4) Where any provision of the Criminal Procedure Ordi- nance is applicable to criminal proceedings in the Court, such provision shall be read with such verbal alterations and modifica- tions not affecting its substance as are necessary to render it conveniently applicable; and in particular, and without prejudice to the generality of the aforesaid, any such provision relating to a "jury" or a "verdict of a jury" shall be understood to refer to a judge and the functions of a judge as a judge of fact. (Amended, 21 of 1962, s. 15 and 63 of 1971, s. 13)
(5) Nothing in this section shall be taken to authorize—
(a) the institution of any criminal proceedings in the Court save in accordance with the express provisions of this Part; or (Amended, 21 of 1962, s. 15)
(b) trial by jury in any criminal proceedings instituted under
the provisions of this Part.
(1 of 1953, s. 29, incorporated)
**
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