44
CAP. 227]
Magistrates
[1988 Ed.
goods and chattels of the complainant or informant, and, in default of distress or payment, the complainant or informant may be committed to prison for 14 days, unless such sum, and all costs and charges of the distress (the amount thereof being ascertained and stated in the commitment) shall be sooner paid.
(Amended, 30 of 1958, Schedule) (See Forms 52, 70) [cf. U.K. 1848 c. 43, s. 26]
Costs where fine does not exceed $20
71. (1) Where a fine adjudged by a conviction by a magistrate to be paid does not exceed $20, then, except so far as the magistrate may think fit expressly to order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the magistrate shall, except so far as he thinks fit expressly to order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him. (Amended, 24 of 1949, s. 22)
(2) The magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
[cf. U.K. 1879 c. 49, s. 8]
PART III
INDICTABLE OFFENCES
Interpretation
71A. In this Part, unless the context otherwise requires-- "committal" means committal for trial or sentence in the High Court;
"committal proceedings" means proceedings under this Part for the committal
of an accused;
"juvenile" means a person who is, in the opinion of the magistrate presiding at
the committal proceedings, under the age of 16 years;
"preliminary inquiry" means proceedings pursuant to an election by the accused under section 80C(1) to have a charge against him heard at a preliminary inquiry;
"return day" means a day appointed as such under section 80A(1) or (2) or a
day to which proceedings are adjourned under section 80B(6).
(Added, 48 of 1983, s. 3)
Procedure on information being laid
72. (1) In every case where a complaint is made to or an information laid before a magistrate alleging the commission of any treason, felony or indictable misdemeanor or other indictable offence over which the magistrate has jurisdic-tion, then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law; but in any case it shall be lawful for the
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Page 46
44
CAP. 227]
Magistrates
[1988 Ed.
goods and chattels of the complainant or informant, and, in default of distress or payment, the complainant or informant may be committed to prison for 14 days, unless such sum, and all costs and charges of the distress (the amount thereof being ascertained and stated in the commitment) shall be sooner paid.
(Amended, 30 of 1958, Schedule) (See Forms 52, 70) [cf. U.K. 1848 c. 43, s. 26]
Costs where fine does not exceed $20
71. (1) Where a fine adjudged by a conviction by a magistrate to be paid does not exceed $20, then, except so far as the magistrate may think fit expressly to order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the magistrate shall, except so far as he thinks fit expressly to order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him. (Amended, 24 of 1949, s. 22)
(2) The magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
[cf. U.K. 1879 c. 49, s. 8]
PART III
INDICTABLE OFFENCES
Interpretation
71A. In this Part, unless the context otherwise requires-- "committal" means committal for trial or sentence in the High Court;
"committal proceedings" means proceedings under this Part for the committal
of an accused;
"juvenile" means a person who is, in the opinion of the magistrate presiding at
the committal proceedings, under the age of 16 years;
"preliminary inquiry" means proceedings pursuant to an election by the accused under section 80C(1) to have a charge against him heard at a preliminary inquiry;
"return day" means a day appointed as such under section 80A(1) or (2) or a
day to which proceedings are adjourned under section 80B(6).
(Added, 48 of 1983, s. 3)
Procedure on information being laid
72. (1) In every case where a complaint is made to or an information laid before a magistrate alleging the commission of any treason, felony or indictable misdemeanor or other indictable offence over which the magistrate has jurisdic- tion, then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the complaint or information and to be further dealt with according to law; but in any case it shall be lawful for the
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