1964_MAGISTRATES_ORDINANCE — Page 58

1988 Ed.]

Magistrates

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shall be produced at the trial by him or by a police officer deputed for that purpose.

(Replaced, 5 of 1954, s. 6)

Procedure on charge of indictable offence against corporation

87. (1) Subject to the provisions of this section, where a corporation is charged, whether alone or jointly with some other person, with an indictable offence, the provisions of this Part shall apply as they do in the case of a natural person. (Replaced, 48 of 1983, s. 3)

(1A) Documents required to be served on the accused under section 80B(1) may be served on a director or other officer concerned in the management of the corporation. (Added, 48 of 1983, s. 3. Amended, L.N. 15/88)

(1B) Subsections (1) and (3) of section 19A shall apply to a plea of guilty by a corporation under section 81B as they do in the case of a plea of guilty to an offence tried summarily. (Added, 48 of 1983, s. 3)

(2) If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or statements, and the magistrate may, notwithstanding, commit the corporation. (Amended, 48 of 1983, s. 3)

(3) Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily. [cf. U.K. 1925 c. 86, s. 33]

Restrictions on reports of committal proceedings

87A. (1) No person shall publish in the Colony a written report, or broadcast in the Colony a report, of any committal proceedings in the Colony containing any matter other than that permitted by subsection (7).

(2) Notwithstanding subsection (1), a magistrate shall, on an application for the purpose made with reference to any committal proceedings by the accused or one of the accused, as the case may be, order that subsection (1) shall not apply to reports of those proceedings, and any such order shall be entered in the Magistrate's Case Register.

(3) If the accused is not represented at any preliminary inquiry by counsel or by a solicitor, the magistrate shall, immediately before taking depositions of witnesses, explain to the accused the restrictions on reports of committal proceedings imposed by subsection (1) and inform him of his right to apply to the court for an order removing those restrictions. (Amended, 48 of 1983, s. 3)

(4) Where a magistrate has made an order under subsection (2) removing the restrictions on reports of committal proceedings and has adjourned those proceedings to another day, he shall, at the beginning of the adjourned hearing of the proceedings, state that the order has been made.

(5) Notwithstanding subsection (1) a report of committal proceedings containing matter other than that permitted by subsection (7) may be published or broadcast—