1988 Ed.]
Magistrates
[CAP. 227
23
(a) to testify as aforesaid, unless the complaint or information has been
dismissed; and
(b) to show cause why he should not be punished under subsection (5) for
his refusal or neglect so to appear.
(Amended, 6 of 1968, s. 2)
(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance. (See Form 16)
(4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned for 12 months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding $5,000. (Amended, 30 of 1958, Schedule; 6 of 1968, s. 2; 51 of 1981, s. 3 and 59 of 1981, s. 2) (See Form 17)
(5) The magistrate before whom a person is brought pursuant to a warrant under subsection (2) may, unless such person satisfies the magistrate that he had reasonable cause for his refusal or neglect to appear at the time and place appointed by the summons, impose upon such person a fine not exceeding $5,000 and order him to be imprisoned for a period not exceeding 12 months. (Added, 6 of 1968, s. 2. Amended, 51 of 1981, s. 3 and 59 of 1981, s. 2)
Power to order production of documents
[cf. U.K. 1848 c. 43, s. 7]
22. The powers contained in sections 21 and 78 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder accordingly.
Variance between information and evidence
(See Forms 14-17) [cf. U.K. 1914 c. 58, s. 29]
23. (1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is
1988 Ed.]
Magistrates
[CAP. 227
23
(a) to testify as aforesaid, unless the complaint or information has been
dismissed; and
(b) to show cause why he should not be punished under subsection (5) for
his refusal or neglect so to appear.
(Amended, 6 of 1968, s. 2)
(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance. (See Form 16)
(4) If any person having come before a magistrate whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned for 12 months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding $5,000. (Amended, 30 of 1958, Schedule; 6 of 1968, s. 2; 51 of 1981, s. 3 and 59 of 1981, s. 2) (See Form 17)
(5) The magistrate before whom a person is brought pursuant to a warrant under subsection (2) may, unless such person satisfies the magistrate that he had reasonable cause for his refusal or neglect to appear at the time and place appointed by the summons, impose upon such person a fine not ex- ceeding $5,000 and order him to be imprisoned for a period not exceeding 12 months. (Added, 6 of 1968, s. 2. Amended, 51 of 1981, s. 3 and 59 of 1981, s. 2)
Power to order production of documents
[cf. U.K. 1848 c. 43, s. 7]
22. The powers contained in sections 21 and 78 enabling a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include the power to summon and require a witness to produce to such magistrate books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, or to give evidence, shall apply accordingly, and a magistrate shall have power to vary or add to the forms in the rules made hereunder ac- cordingly.
Variance between information and evidence
(See Forms 14-17) [cf. U.K. 1914 c. 58, s. 29]
23. (1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is
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