Magistrates
[CAP. 227
17
Prosecution of offences to be under control of Attorney General
12. The Attorney General is hereby entrusted with the duty and discretion of conducting the prosecution of all offences cognizable by a magistrate:
Provided-
(a) that it shall be lawful for any member of the police force and such other public servant as the Attorney General may from time to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and any such information shall be deemed to have been laid on behalf of the Attorney General;
(b) that in any such case the Attorney General shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed.
Appointment of public prosecutors by Attorney General
(Added, 24 of 1949, s. 8)
13. The Attorney General may appoint any public officer or class of public officers to act as public prosecutor or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case. Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed.
(Added, 24 of 1949, s. 8)
Private prosecution and intervention by the Attorney General
14. (1) A complainant or informant who is not acting or deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 104 for applying for a review intervene for the purpose of applying for or being made a party to any review.
(2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.
(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the Attorney General shall as soon as conveniently may be cause notice in writing of his intention to be lodged as aforesaid.
(Added, 24 of 1949, s. 8)
Power for public prosecutor to withdraw case
15. (1) In any case before a magistrate in which a defendant is being tried for any offence and at any stage thereof before judgment and in any case in ...
:)
(
1988 Ed.]
Magistrates
[CAP. 227
17
Prosecution of offences to be under control of Attorney General
12. The Attorney General is hereby entrusted with the duty and discretion of conducting the prosecution of all offences cognizable by a magistrate:
Provided-
(a) that it shall be lawful for any member of the police force and such other public servant as the Attorney General may from time to time by any general or special direction authorize to lay before a magistrate an information in respect of an offence and any such information shall be deemed to have been laid on behalf of the Attorney General;
(b) that in any such case the Attorney General shall be deemed to be a party to the proceedings and such member or public servant shall not be so deemed.
Appointment of public prosecutors by Attorney General
( Added, 24 of 1949, s. 8)
13. The Attorney General may appoint any public officer or class of public officers to act as public prosecutor or prosecutors and to conduct generally on his behalf any prosecution before a magistrate or any specified classes of prosecutions or any particular case. Any public prosecutor so appointed may without any written authority appear and plead before a magistrate any case of which he has charge which is being inquired into, tried or reviewed.
(Added, 24 of 1949, s. 8)
Private prosecution and intervention by the Attorney General
14. (1) A complainant or informant who is not acting or deemed to act on behalf of the Attorney General may if he so wishes and without any prior leave conduct in person or by counsel on his behalf the prosecution of the offence to which the complaint or information relates but the Attorney General may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings and may within the time limited by section 104 for applying for a review intervene for the purpose of applying for or being made a party to any review.
(2) As from the date of any such intervention the Attorney General shall be deemed to be a party to the proceedings or the review in lieu of such complainant or informant.
(3) Such intervention may be effected by oral intimation given to the magistrate by a public prosecutor acting under the instructions of the Attorney General or by notice in writing under the hand of the Attorney General of his intervention lodged with the magistrates' clerk. In the event of oral intimation as aforesaid having been given the Attorney General shall as soon as conveni- ently may be cause notice in writing of his intention to be lodged as aforesaid.
(Added, 24 of 1949, s. 8)
Power for public prosecutor to withdraw case
15. (1) In any case before a magistrate in which a defendant is being tried for any offence and at any stage thereof before judgment and in any case in
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