1964_DISTRICT_COURT_ORDINANCE — Page 45

44

CAP. 336]

District Court

[1984 Ed.

(Cap. 221.)

Plea.

Charge sheet

containing charge of previous conviction.

Objection of substance to charge.

SECOND SCHEDULE

PART I

[s. 79(2).]

PROVISIONS OF THE CRIMINAL PROCEDURE ORDINANCE NOT APPLICABLE TO THE PROCEDURE AND PRACTICE OF THE DISTRICT Court IN ITS CRIMINAL JURISDICTION

Criminal Procedure Ordinance, sections 9, 10, 11, 12, 14, 15, 17, 27, 33, 41, 42, 49, 50, 52, 53, 68, 71, 77, 85, 86, 88, 115, 118, 119 and 120 and the First Schedule.

(Amended, 5 of 1971, s. 13; 25 of 1972, s. 7 and 59 of 1981, s. 4)

PART II

(s. 79(3).]

SPECIAL PROVISIONS TOUCHING THE PROCEDURE AND PRACTICE OF THE DISTRICT COURT IN ITS Criminal JURISDICTION

1. (1) The accused person shall be placed at the bar unfettered and not in prison clothes, unless the Court sees fit to direct otherwise.

(2) The charge shall then be read over to him and explained, if necessary, and he shall be required to plead thereto in person, unless he objects to the want of due service of the charge sheet, and the Court finds that he has not been duly served therewith.

(Amended, 5 of 1971, s. 13)

2. (1) Where a charge sheet contains a charge alleging that the accused person has been previously convicted, he shall not be called upon to answer that allegation save after he has been convicted upon a charge alleging a substantive offence.

(2) Upon conviction of an accused person as aforesaid, the Court shall, unless the accused person admits the allegation that he has been previously convicted, proceed to determine whether or not he has been so previously convicted.

3. (1) No objection to a charge shall be taken by way of demurrer, but if a charge does not state, in substance, an offence or states an offence not triable by the Court, the accused person may move the Court to quash it or in arrest of judgment.

(2) If such motion is made before the accused person pleads, the Court may dismiss the charge or amend it.

(3) If a defect in a charge appears to the Court during the trial, and the Court does not then think fit to amend the charge it may either quash the charge or leave the objection to be taken thereafter in arrest of judgment.

(4) If a charge is quashed under the provisions of this paragraph, the Court may direct the accused person to be detained in custody or to be released on bail for a period not exceeding 14 days thereafter, and may order him to plead to another charge if called on to do so within that same period.