1964_MAGISTRATES_ORDINANCE — Page 23

22

CAP. 2271

Magistrates

[1988 Ed.

(4) Where a defendant who has been admitted to bail does not appear at the time and place appointed for the adjourned hearing, a magistrate may declare any recognizance to be forfeited in manner hereinafter provided and may issue a warrant for the arrest of the defendant. (See Form 3)

(5) A magistrate may, on being satisfied that a defendant who is accused of an offence triable summarily is by reason of illness or accident unable to appear personally before a magistrate—

(a) visit the defendant and in his presence exercise any of the powers conferred by subsection (1) or (3); or

(b) exercise such powers in the absence of the defendant if, in the opinion of the magistrate, it is not practicable for him to visit the defendant.

(6) If, at the time and place to which the hearing or further hearing is so adjourned--

(a) the complainant or informant does not appear, either personally or by counsel, a magistrate may dismiss the complaint or information on such terms as he may think fit, including a term that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as the magistrate may think fit; or (Amended, 18 of 1981, s. 3)

(b) the defendant does not appear, either personally or by counsel, the magistrate may-

(i) issue a warrant for the arrest of the defendant; (See Form 2)

(ii) declare any recognizance to be forfeited; and

(iii) adjourn the hearing for such time as he may think fit.

General

(Replaced, 36 of 1976, s. 7)

C

(

Provisions as to witnesses

21. (1) If it is made to appear to a magistrate, by any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or informant or defendant, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to testify what he knows concerning the matter of the complaint or information. (Amended, 44 of 1962, s. 2) (See Form 14)

(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons and no just excuse is offered for such refusal or neglect, then after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate (See Form 15)