Beruflich Dokumente
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176.—(1) The prosecution and the accused shall attend a criminal case disclosure
conference as directed by a court for the purpose of settling the following matters:
(a) the charge that the prosecution intends to proceed with;
(b) whether the accused intends to plead guilty or claim trial to the charge; and
(c) the date for the holding of a committal hearing.
(2) If the accused intends to plead guilty to an offence other than an offence punishable
with death, the court shall fix a date for a committal hearing to be conducted in accordance
with section 178(1).
(3) If the accused intends to plead guilty to an offence punishable with death, or intends
to claim trial —
(a) the court shall fix a date for a committal hearing; and
(b) the prosecution must file in court the Case for the Prosecution and serve a copy
of this on the accused and every co-accused, if any, not less than 7 days before
the date fixed for the committal hearing.
(4) The Case for the Prosecution filed under subsection (3)(b) must contain the
following:
(a) the charge which the prosecution intends to proceed with at the trial;
(b) a list of the names of the witnesses for the prosecution;
(c) a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d) the statements of witnesses which are intended by the prosecution to be
admitted under section 179(1); and
(e) any statement made by the accused at any time and recorded by an officer of a
law enforcement agency under any law, which the prosecution intends to
adduce in evidence as part of the case for the prosecution.
Defence of accused
183.—(1) If the accused elects to make his defence before the examining Magistrate
instead of making a written statement under section 179, the statement made by the
accused, if any, shall be taken down in writing and read over to him and shall be signed by
the examining Magistrate and kept with the written statements made under section 179 and
depositions, if any, and forwarded with them as hereinafter mentioned.
(2) The evidence of the accused if he tenders himself as a witness in his own behalf in
lieu of making a statement under subsection (1) or section 179 and of any witnesses whom
he may desire to call shall then be taken.
(3) Notwithstanding anything in the Evidence Act (Cap. 97), the accused shall be a
competent witness in his own behalf in a committal hearing under this Division.
Addresses
184. In a committal hearing under this Division, the accused or his advocate may at the
end of the prosecution case and, if the accused has elected to make his defence, at the end
of the defence case, address the examining Magistrate on a submission that there is
insufficient evidence to put the accused on trial for the offence of which he is charged, and
the person conducting the prosecution shall have the right of reply.
Bonds of witnesses
186.—(1) Witnesses for the prosecution and the defence whose attendance before the
High Court is necessary and who have appeared before the examining Magistrate pursuant
to section 179(3) or whose written statements have been admitted by the examining
Magistrate under that section shall execute bonds binding themselves to be in attendance
when called upon at the High Court to give evidence.
(2) If any witness refuses to execute such bond, the examining Magistrate may commit
him to prison until the trial or until he gives satisfactory security that he will give evidence
at the trial.
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his
statements made to the police which statements are intended by the prosecution to
be admitted as part of its case. A must specify which of the statements he intends to
challenge and the facts that he intends to rely on to support his challenge.
Persons to be deemed to have been brought before High Court in due course of law
199. All persons appearing before the High Court (under a commitment for trial or in
pursuance of bail so to appear) against whom charges are preferred by or at the instance of
the Public Prosecutor shall, unless the contrary is shown, be deemed to have been brought
before the Court in due course of law, and, subject to this Code, shall be tried upon the
charges so preferred.
Public Prosecutor may by fiat designate court of trial when criminal offence
disclosed
201.—(1) Whenever the Public Prosecutor is of the opinion that a criminal offence is
disclosed by the record and that further proceedings should be taken against the accused
and that the evidence taken is sufficient to afford a foundation for a full and proper trial,
he shall, by his fiat in writing signed by himself, designate the court, whether the High
Court, a District Court or a Magistrate’s Court, before which the case shall be placed for
trial and shall order the record of the case to be transmitted to the court so designated.
(2) Such fiat shall be filed with and form part of the record of the case.