1964_MAGISTRATES_ORDINANCE — Page 51

50

CAP. 227]

Magistrates

[1988 Ed.

(b) unless he elects to have the charge heard at a preliminary inquiry or, in the event of there being more than one charge, any of those charges so heard, he will be committed without such an inquiry,

and the accused shall, thereupon, be asked whether or not he elects to have the charge against him heard at a preliminary inquiry; and the accused may make such an election.

(2) If the accused elects or is, by virtue of subsection (5), deemed to have elected, to have the charge against him heard at a preliminary inquiry the magistrate shall-

(a) inform the accused that at the inquiry a witness for the prosecution whose statement was served on him under section 80B(1) will not be called to give evidence and his written statement will be received in evidence unless the accused, either then or not less than 7 days before the inquiry, notifies the magistrate and prosecutor of his desire to have the witness called; and

(b) ascertain, without prejudice to any right of the accused to give notice thereafter, what prosecution witnesses the accused wishes to have called at the hearing and whether or not the accused wishes to call any witnesses of his own,

and thereafter the preliminary inquiry shall be conducted in accordance with the provisions of sections 81, 81A, 82, 83, 84 and 85.

(3) If the accused does not elect, and is not deemed to have elected by virtue of subsection (5), to have the charge against him heard at a preliminary inquiry, the magistrate shall inform the accused that--

(a) he is not obliged to say anything in respect of the charge but that he may plead guilty to the charge and that such a plea will result in his being committed for sentence on that charge;

(b) unless he pleads guilty to charge, he will forthwith be committed for

trial on that charge without an inquiry; and

(c) after committal for trial he has the right to apply once only to a judge for discharge on the grounds that there is no prima facie case against him.

(4) After complying with the provisions of subsection (3), the magistrate shall then--

(a) except where the accused is a juvenile or the offence is punishable by death, ascertain if the accused desires to plead guilty to the charge and, if he does so desire, the provisions of section 81B shall apply; and (b) if the accused is a juvenile or if the offence is punishable by death or if the accused does not then plead guilty and is not committed for sentence under section 81B(2), commit the accused for trial.

(5) An election by the accused to have a charge against him heard shall be deemed, if there is more than one charge, to relate to all charges.

(Added, 48 of 1983, s. 3)