18
CAP. 227]
Magistrates
[1988 Ed.
which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Attorney General may enter a nolle prosequi by informing the magistrate in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates' clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.
(Added, 24 of 1949, s. 8)
Rights of parties to conduct case personally or by counsel
16. (1) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
(2) Without prejudice to the rights of the Attorney General every complainant or informant shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
(Added, 24 of 1949, s. 8)
Authority of legal officer to prosecute, etc.
17. Any legal officer shall without any appointment under section 13 be entitled to act as a public prosecutor and to represent the Attorney General on any appeal under section 105 or 113.
(Added, 24 of 1949, s. 8. Amended, 13 of 1966, Schedule)
Appearance by counsel
18. At the hearing of a complaint or information, a party may be represented by counsel; and an absent party so represented shall be deemed not to be absent:
Provided that appearance of a party by counsel shall not satisfy any provision in any enactment or any condition of a recognizance expressly requiring the appearance of the party.
Non-appearance of defendant
(Replaced, 36 of 1976, s. 5)
18A. Subject to sections 18E and 19A(5), in any case where a summons has been served on the defendant a reasonable time before the hearing and at the time and place appointed for the hearing only the complainant or informant appears, the magistrate-
(a) may issue a warrant to arrest the defendant and bring him before a magistrate and adjourn the hearing for such time as he may think fit; (See Form 2)
18
CAP. 227]
Magistrates
[1988 Ed.
which an inquiry is being held by a magistrate for the purpose of determining whether an accused should be committed for trial, the Attorney General may enter a nolle prosequi by informing the magistrate in writing that the Crown intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) If the accused shall not be before the magistrate when such nolle prosequi is entered the magistrates' clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained.
(Added, 24 of 1949, s. 8)
Rights of parties to conduct case personally or by counsel
16. (1) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
(2) Without prejudice to the rights of the Attorney General every com- plainant or informant shall be at liberty to conduct the complaint or informa- tion respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf.
(Added, 24 of 1949, s. 8)
Authority of legal officer to prosecute, etc.
17. Any legal officer shall without any appointment under section 13 be entitled to act as a public prosecutor and to represent the Attorney General on any appeal under section 105 or 113.
(Added, 24 of 1949, s. 8. Amended, 13 of 1966, Schedule)
Appearance by counsel
18. At the hearing of a complaint or information, a party may be represented by counsel; and an absent party so represented shall be deemed not to be absent:
Provided that appearance of a party by counsel shall not satisfy any provision in any enactment or any condition of a recognizance expressly requiring the appearance of the party.
Non-appearance of defendant
(Replaced, 36 of 1976, s. 5)
18A. Subject to sections 18E and 19A(5), in any case where a summons has been served on the defendant a reasonable time before the hearing and at the time and place appointed for the hearing only the complainant or informant appears, the magistrate-
(a) may issue a warrant to arrest the defendant and bring him before a magistrate and adjourn the hearing for such time as he may think fit; (See Form 2)
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