PASIFIKA CRIMINAL PROCEDURE CODE
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2. (1) All criminal offences under the Penal Code shall be tried and otherwise dealt with according to the same provisions, subject, however, to any other law regulating the manner or place of inquiring into, trying or otherwise dealing with such offences.
(2)
Notwithstanding
any other provisions of this Code, a court may, subject to the provisions of
any other law of criminal jurisdiction in respect of any matter or thing to
which the procedure described by this Code is inapplicable, or for which no
procedure is so prescribed, exercise such jurisdiction according to substantial
justice and the general principles of law.
COMMITTAL FOR SENTENCE
3. (1) When a magistrate trying a case has convicted a person and considers that a higher sentence should be passed than he has power to pass, he may commit the offender for sentence to the Supreme Court.
(2)
When a magistrate
commits an offender under subsection (1) he may either release the offender on
bail or remand him in custody until he appears or is brought before the High
Court.
(3)
When an offender
is committed under this section the High Court may deal with the offender in
any manner in which he could have dealt with if he had been convicted by the
High Court.
4. (1) The police officer or other person making an arrest shall actually touch or confine the person to be arrested, unless there be a submission to custody by word or action.
(2) If a person forcibly resists the endeavour to arrest him, or attempts to evade arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section
shall justify the use of greater force than is reasonable in the particular
circumstances in which it is employed, or is necessary for the arrest.
5. (1) If a person acting under a warrant of arrest, or a police officer having authority to arrest has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free entry thereto and afford all reasonable facilities for a search therein.
(2) If entry cannot be obtained under subsection (1) it shall be lawful in any case for a person acting under a warrant, and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer to enter such place and search therein, and, in order to effect an entrance into such place, to break open any outer or inner door or window of that place, whether being that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admission duly made, he cannot otherwise obtain admission.
6. Any police officer or other person
authorised to make an arrest may break open any outer or inner door or window
of any place in order to liberate himself or any of her person who, having
lawfully entered for the purpose of making an arrest, is detained therein.
7. A person arrested shall not be subject
to more restraint than is necessary to prevent his escape.
8. Whenever a person is arrested and
detained in custody, the police officer making the arrest or, when the arrest
is made by a private person the police officer into whose custody he places the
person arrested, may search such person and place in safe custody all articles
other than necessary wearing apparel, found upon him.
POWER OF POLICE
OFFICER TO DETAIN AND SEARCH BOATS, VEHICLES AND PERSONS IN CERTAIN CIRCUMSTANCES
9. Any police officer may stop, search and
detain any vessel, boat, vehicle or aircraft in or upon which there is reason
to suspect that anything stolen or unlawfully obtained possession or conveying
in any manner anything stolen or unlawfully obtained.
MODE OF SEARCHING
PERSONS
10. Whenever it is necessary to cause a
person to be searched, the search shall be made by a person of the same sex.
POWER TO SEIZE OFFENSIVE
WEAPONS
11. The police officer or other person making
an arrest may take from the person arrested any offensive weapons which he has
about his person and shall deliver all weapons so taken to the court or officer
before which or whom the officer or person making the arrest is required by law
to produce the person arrested.
ARREST BY POLICE OFFICER
WITHOUT WARRANT
12. (1) Any police officer may, without an order from a judicial officer, or warrant, arrest any person whom he suspects upon reasonable grounds of having committed a cognisable offence.
(2) Without prejudice to the generality of subsection (1) a police officer may without a warrant arrest-
(a)
any person who
commits a breach of the peace in his presence;
(b)
any person who
wilfully obstructs a police officer while in the execution of his duty, or who
has escaped or attempts to escape from lawful custody;
(c)
any person whom
he suspects upon reasonable grounds of being a deserter from the police or
defence forces;
(d)
any person whom
he finds lying or loitering in any highway, yard or garden or other place
during the night and whom he suspects upon reasonable grounds of having
committed or being about to commit an offence or who has in his possession
without lawful excuse any offensive weapon or housebreaking implement;
(e)
any person for
whom he has reasonable cause to believe a warrant of arrest has been issued.
PROCEDURE WHEN POLICE
OFFICER DEPUTES SUBORDINATE TO ARREST WITHOUT WARRANT
13. When any officer in charge of a police
station requires any officer subordinate to him to arrest without a warrant
(otherwise than in his presence) any person who may lawfully be arrested
without a warrant, he shall give the officer required to make the arrest an
order in writing specifying the person to be arrested and the offence or other
cause for which the arrest is to be made.
REFUSAL TO GIVE NAME AND
RESIDENCE
14. (1) When any person who in the presence of a police officer has committed or has been accused of committing a non-cognisable offence refuses on the demand of such officer to give his name and address, or gives a name and address which such officer has reason to believe to be false, he may be arrested by such officer in order that his name and address may be ascertained.
(2) When the true name and address of such person has been ascertained he shall be released on-
(a) his signing a written undertaking to appear before a
court if so required; and
(b) if not being normally resident in the Republic he
surrenders his passport to a police officer who may retain it for not more than
72 hours.
(3) Should the true name and
address of such person not be ascertained within 24 hours from the time of
arrest, or should he fail to sign the undertaking or, if so required, to
surrender his passport, he shall forthwith be taken before the nearest court
having jurisdiction.
DISPOSAL OF PERSON
ARRESTED BY POLICE OFFICER
15 A police officer making an arrest
without a warrant shall without unnecessary delay and subject to the provisions
herein contained as to release from custody, take or send the person arrested
before a judicial officer or before an officer in charge of a police station.
ARREST BY PRIVATE PERSON
16. (1) Any private person may arrest any person who commits a cognisable offence, or whom he reasonably suspects of having committed an offence punishable by a term of imprisonment for more than 10 years.
(2) Persons found committing any offence involving damage to property may be arrested without a warrant by the owner of the property or persons authorised by him.
DISPOSAL OF PERSON
ARRESTED BY PRIVATE PERSON
17. (1) Any private person who arrests a person without
a warrant shall without unnecessary delay place the person so arrested in the
custody of a police officer, or in the absence of a police officer shall take
such person to the nearest police station.
(2)
If there is
reason to believe that a person placed in police custody under subsection (1)
comes under the provisions of section 12 a police officer shall re-arrest him.
(3)
If there is
reason to believe that such person has committed a non-cognisable offence and
he refuses on the demand of a police officer to give his name and address, or
gives a name or address which such officer has reason to believe to be false,
he shall be dealt with under the provisions of section 14. If there is not
sufficient reason to believe that he has committed any offence, he shall be at
once released.
DETENTION OF PERSON
ARRESTED WITHOUT WARRANT
18. (1) Subject to subsection (2) when any person has been taken into custody without a warrant for an offence other than intentional homicide or any offence against the external security of the Republic, the officer in charge of the police station to which such person shall be brought may in any case and shall, if it does not appear practicable to bring such person before an appropriate court within 24 hours after he has been so taken into custody, inquire into the case. Unless the offence appears to the officer to be of a 'serious nature the officer shall release the person on his signing a written undertaking to appear before a court at a time and place to be named in the undertaking; but where any person is kept in custody he shall be brought before a court as soon as practicable.
(2) The officer in charge of the police station may release a person arrested on suspicion of committing any offence, when after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with a prosecution for the offence.
POLICE TO REPORT ARRESTS
19. Officers in charge of police stations
shall make a report to the Commissioner of Police about all persons arrested
without warrant within the limits of their respective stations, whether such
persons have been released from custody or otherwise.
20. If a person in lawful custody escapes or
is rescued, the person from whose custody he escapes or is rescued may
immediately pursue and arrest him in any place within the jurisdiction.
PROVISIONS OF SS5
AND 6 TO APPLY TO ARRESTS UNDER S.20
21. The provisions of sections 5 and 6 shall
apply to arrests under section 20, although the person making any such arrest
is not acting under a warrant and is not a police officer having authority to
arrest.
22. Every person is bound to assist a
judicial officer or police officer reasonably demanding
his aid-
(a) in the taking of or
preventing the escape of any person whom such judicial or police officer is
authorised to arrest;
(b) in the prevention or
suppression of a breach of the peace or in the prevention of any injury
attempted to be committed to any government property.
23. Every police officer may intervene for
the purpose of preventing, and shall to the best of his ability prevent, a
breach of the peace or the commission of any cognizable offence.
24. Every court has authority to cause to be
brought before it any person who is within the local limits of its jurisdiction
and is charged with an offence committed within the jurisdiction, or which
according to law may be dealt with as if it had been committed within the
Republic and to deal with the accused person according to its jurisdiction.
25. (1) For the exercise of its criminal
jurisdiction the High Court shall hold sittings in each district of the Court
at such places and on such dates as the Chief Justice may direct.
(2) The registrar shall ordinarily give notice
beforehand of all such sittings.
26. (1) Subject to subsection (2) the place in which a court is held for the purpose of trying an offence shall be open and accessible to the public so far as the same can conveniently contain them.
(2) The judicial officer may for reasons of decency, security or where otherwise authorised by law, order at any stage in the trial of any particular case that the public generally, or any particular person or class of persons, shall not have access to, or be or remain in, the room or building used by the court.
27. (1) Whenever it appears to the High Court that it is necessary or expedient so to do, it may order that the accused person against whom proceedings have been instituted in a Magistrate's Court be brought for trial to itself or that an accused person against whom proceedings have been instituted in the High Court be sent for trial to a Magistrate's Court if that court has jurisdiction to try the case.
(2)
The High Court
may act either on the report of a Magistrate's Court or on the application of
an interested party or of its own motion.
29. (1) In any criminal case and at any stage thereof before verdict or judgment, the Public Prosecutor may enter a nolle prosequi by informing the court that he intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released; such discharge of an accused person shall operate as a bar to any subsequent proceedings against him on account of the same facts and he shall be treated in all respects as though he had been acquitted.
(2) If the accused shall not be before the court when a nolle prosequi is entered, tile registrar of such court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which the accused may be detained.
INSTITUTION OF
PROCEEDINGS
34. Proceedings shall be instituted by the making of a charge.
COMPLAINT AND CHARGE
35. (1) Any person who believes from reasonable and probable cause that an offence has been committed by any person may make a complaint thereof to a prosecutor.
(2) A complaint shall be made under oath and may be made orally or in writing but if made orally shall be reduced to writing by the prosecutor and, in either case, shall be signed by the complainant and the prosecutor.
(3) Upon receiving any such complaint, the prosecutor may, if the complaint discloses an offence, draw up or cause to be drawn up and shall sign a charge containing a statement of the offence with which the accused is charged. The prosecutor shall then present the complaint and the charge to a judicial officer.
ISSUE OF SUMMONS OR
WARRANT
36. (1) Where it is proved on oath to a magistrate or justice of the peace that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence in any building, ship, vehicle, box, receptacle or place, the magistrate may by warrant (called a search warrant) authorize a police officer or other person therein named to search the building, ship, vehicle, box, receptacle or place (which shall be named or described in the warrant) of any such thing which there is reasonable cause to suspect to have been stolen or unlawfully obtained be found, to seize it and carry it before the court issuing the warrant or some other court to be dealt with according to law.
(2) When any such thing is seized and brought before a court, it may be detained until the conclusion of the case or the investigation, reasonable care being taken for its preservation. If any appeal is made, or if any person is committed for trial, the court may order it to be further detained for the purpose of the appeal or the trial. If no appeal is made, or if no person is committed for trial, the court shall direct such thing to be restored to the person from whom it was taken, unless the court sees fit or is authorized or required by law to dispose of it otherwise.
(3) The validity of any proceedings taken in pursuance of a complaint or charge shall not be affected either by any defect in the complaint or charge or by the fact that a summons or warrant was issued without a complaint or charge.
(4) A summons or warrant may be issued on a Sunday or a public holiday.
PERSON ARRESTED WITHOUT
WARRANT HOW TO BE DEALT WITH
37 (1) Where a person who has been arrested without a warrant is brought before a court, the judicial officer before whom the person is brought shall draw up or cause to be drawn up and shall sign a charge containing a statement of the offence with which such person is charged, unless such a charge shall be signed and presented by a prosecutor.
(2) The court, if it has jurisdiction, may try the offence alleged to have been committed.
(3) If the accused person is brought before a Magistrate's Court and such court has no jurisdiction to try him on the charge drawn up or presented under subsection (1), the court may release him on bail or remand him in custody for a period not exceeding 14 days pending the initiation of a preliminary enquiry.
(4) If at the end of such period of bail or custody, the prosecutor has not initiated a preliminary inquiry or taken steps to have the accused person appear or be brought before the High, Court, or taken any action to terminate the proceedings under the provisions of section 29 or otherwise, the Magistrate's Court shall direct that the accused person to appear or be brought before the High Court and may release the accused person from custody on bail or remand him in custody to appear or be brought before the Supreme Court in order that the Supreme Court may direct whether he should be discharged.
44. (1) Subject to subsection (2) whenever a judicial officer issues a summons in respect of any offence punishable by imprisonment for 2 years or less, he may if he sees reason to do so, dispense with the personal attendance of the accused, if such accused pleads guilty in writing or appears by an advocate, and shall do so without conditions when the offence with which the accused is charged is punishable only by fine or by a term of imprisonment not exceeding 3 months or both.
(2) A court trying any case may in its discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.
(3) If the court imposes a fine on an accused person whose personal attendance has been dispensed with under this section without having sentenced him to imprisonment in default of payment, and such fine is not paid within the time prescribed for payment the court may issue a summons calling upon the convicted person to show cause why he should not be committed to prison for such term as the court may then fix within the limits prescribed by law. If such convicted person does not attend upon the return of such summons the court may forthwith issue a warrant and commit such person to prison for such term as the court may then fix.
(4) Whenever the attendance of an accused person has been dispensed with and his attendance is subsequently required, the proceedings may be adjourned for such period as is necessary for such purpose.
45. (1) Where a prosecution has been instituted and a judicial officer has reason to believe that the accused is avoiding service or that he is unlikely to obey the summons or surrender himself into custody or attend the resumed hearing, as the case may be, the judicial officer may issue a warrant for the arrest of the accused.
(2)
An application
for a warrant under this section may be made either in writing by a public
prosecutor or orally by any police officer or by the complainant in which case
the judicial officer shall examine the applicant and any necessary witness on
oath or affirmation and record the substance of his information.
46. If the accused does not appear at the
time and place appointed in and by the summons, and his personal attendance has
not been dispensed with , the court may issue a warrant to arrest him and cause
him to be brought before such court; but no such warrant shall be issued unless
a complaint has been made upon oath.
47. (1) Every warrant of arrest shall be under the hand of the judicial officer issuing it.
(2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person, and it shall order the person or persons to whom it is directed to arrest the person against whom it is issued and bring him before the court having jurisdiction in the case to answer the charge therein stated and to be further dealt with according to law.
(3) Every such warrant shall remain in force until it is executed or until it is cancelled by the judicial officer who issued it or if he is unable so to do by another judicial officer.
48. (1) A judicial officer issuing a warrant for the arrest of any person in respect of ark offence other than intentional homicide or an offence against the external security of the jurisdiction may in his discretion direct by endorsement on the warrant that, if such person enters into a written recognizance with or without conditions for has attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall release such person from custody.
(2) The endorsement shall state-
(a)
any conditions of
the release of such person; and
(b)
the time at which
he is to attend before the court.
49. (1) A warrant of arrest may be directed to one or more police officers, or generally to all police officers but a judicial officer issuing such a warrant may, if its immediate; execution is necessary, and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all or by any one or more of them.
50. A warrant directed to any police officer
may also be executed by any other police officer whose name is endorsed upon
the warrant by the officer to whom it is directed or endorsed.
51. The police officer or other person
executing a warrant of arrest shall notify the substance thereof to the person
to be arrested and, if so required, shall show him the warrant.
52. The police officer or other person
executing a warrant of arrest shall, subject to the provisions of section 48,
without unnecessary delay bring the person arrested before the court before
which he is required by law to produce such person.
WARRANT MAY BE EXECUTED
AT ANY TIME AND PLACE
53. Subject to any provision of any law to
the contrary, a warrant of arrest may be executed at any time of the day or
night or on any day of the year, and at any place in the jurisdiction.
54. Any irregularity or defect in the
substance or form of a warrant, and any variance between it and the written
complaint or information, or between either and the evidence produced on the
part of the prosecution at any inquiry or trial shall not affect the validity
of any proceedings at or subsequent to the hearing of the case, but if any such
variance appears to the court to be such that the accused has been thereby
deceived or misled, such court may, at the request of the accused, adjourn the
hearing of the case to some future date and in the meantime remand the accused
or release him from custody.
POWER IN CERTAIN CASES
TO RELEASE FROM CUSTODY
60. (1) When any person, other than a person accused of an offence punishable by life imprisonment, is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such court to enter into a bond in writing, with or without conditions, for his subsequent appearance before the court, such person may be temporarily released from custody on bail.
(2) The conditions of such release shall be fixed with due regard to the circumstances and shall not be oppressive or unreasonable.
(3) Notwithstanding anything contained in subsection (1) the High Court may in any case direct. that any person be released from custody on bail or that the conditions required by the Magistrate's Court or a police officer be amended so as to be less onerous.
BOND FOR APPEARANCE
61. Before any person is released temporarily
from custody a bond in writing subject to such conditions if any, as the court
or police officer, as the case may be, thinks necessary, shall be executed by
such person, on condition that such person shall attend at the time and place
mentioned in the undertaking and shall continue to attend until otherwise
directed by the court or police officer, as the case may be.
SPECIAL CONDITIONS OF
BAIL
62. (1) In releasing any person from custody on bail on his own recognizance a court may impose such conditions as it may consider fit.
(2) The conditions on which any person is released from custody on bail may include conditions appearing to the court to be likely to result in his appearance at the time and place required or to be necessary in the interests of justice or for the prevention of crime.
(3) When a court releases, or directs the release of, any person from custody on bail and imposes a condition under subsection (2) it shall not require him to find any surety in respect of that condition.
DISCHARGE FROM CUSTODY
OF PERSON RELEASED
63. (1) As soon as a bond has been executed in accordance with section 61 the person concerned shall be released, and when he is in prison the court ordering his release from custody shall issue an order of release to the officer in charge of the prison, and such officer on receipt of the order shall release him.
(2) Nothing in this section or in section 60 shall require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
POWER TO ORDER
SUFFICIENT CONDITIONS WHEN CONDITIONS FIRST IMPOSED ARE INSUFFICIENT
64. If, through mistake, fraud or otherwise,
insufficient conditions have been imposed, or if they afterwards become
insufficient, the court may issue a warrant of arrest directing that a person
released from custody on bail be brought before it and may order him to comply
with sufficient conditions, and on his failing so to do may commit him to
prison.
65. If it appears to any court from information
on oath, that any person bound by a bond to appear is about to leave the
jurisdiction, the court may cause him to be arrested and may commit him to
prison until the trial, unless the court shall see fit to release him from
custody on bail upon further conditions.
66. Upon the refusal by any Magistrate's
Court of an application for bail, the magistrate shall state the grounds for
such refusal and shall read aloud to the applicant in open court the following
statement- "Your application for release from custody on bail having been
refused by this Court, you now have the right to make a fresh application for
bail to the High Court. If you so desire, the matter will be referred immediately
by this Court to the High Court, which will review your application as soon as
possible. You will remain in custody in the meantime but will suffer no
disadvantage by reason of making a further application to the High Court. Do
you wish the High Court to consider your application for release from custody
on bail?"
PRESIDING
MAGISTRATE RESPONSIBLE FOR FORWARDING FILE TO HIGH COURT
67. If an applicant for bail informs the
presiding magistrate that he wishes his application to be considered by the
High Court, that magistrate shall be personally responsible for ensuring that
the relevant case file and other documents and material are forwarded without
delay to the Registrar of the High Court.
68. The file forwarded to the High Court
pursuant to section 67 shall include a written report by the magistrate
addressed to the High Court stating the grounds for refusing bail and setting
out in detail the evidence or information upon which his conclusions were
based. The report shall be dated and signed by the magistrate.
69. The decision of the High Court on an
application referred to it pursuant to section 67 and 68 shall be delivered in
writing and copies thereof shall be issued without delay to the appropriate
magistrate and all parties to the proceedings. If the High Court shall order
that the applicant be released from custody on bail, the magistrate shall be
personally responsible for ensuring that a copy of the decision is served upon the
officer in charge of the prison or other place where he is detained and that he
is forthwith produced before him in court for release for such period and upon
such conditions as the magistrate shall determine.
70. There shall be no right of appeal against
the order of a judicial officer refusing the grant of bail to any person.
OFFENCES TO BE SPECIFIED IN
CHARGE OR INFORMATION WITH NECESSARY PARTICULARS
71 Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.
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75. (1) In any trial or other proceeding under this Code, a previous conviction or acquittal may be proved, by an extract certified, under the hand of the officer having the custody of the records of the court in which judgment for such conviction or acquittal was given to be a copy of the sentence or order.
(2) A previous conviction in any place outside the jurisdiction may be proved by the production of a certificate purporting to be given under the hand of a police officer in the country where judgment for the conviction was given, containing a copy of the sentence or order, and the fingerprints or photographs of the fingerprints of the person so convicted together with evidence that the fingerprints of the person so convicted are those of the accused person. Such a certificate as aforesaid shall be prima facie evidence of all facts stated therein without proof that the officer purporting to sign it did in fact sign it and was empowered to do so.
76. If it appears to a court having
cognizance of a criminal cause or matter that material evidence can be given by
or is in the possession of any person, it shall be lawful for the court to
issue a summons to such person requiring his attendance before the court or
requiring him to bring and produce to the court for the purpose of evidence all
documents and writings in his possession or power which may be specified or
otherwise sufficiently described in the summons.
77. If without sufficient excuse a witness
does not appear in obedience to a summons issued pursuant to section 76 the
court, on proof of the proper service of the summons a reasonable time before,
may issue a warrant to bring him before the court at such time and place as
shall be therein specified.
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81. In every criminal trial in which a plea
of not guilty has been entered, the judicial officer presiding shall, before
the prosecution case is opened, read aloud to the accused the following
statement of the presumption of innocence- "In this trial you will be
presumed to be innocent unless and until the prosecution has proved your guilt
beyond reasonable doubt. It is not your task to prove your innocence. If at the
end of the trial, any reasonable doubt exists as to your guilt, you will be
deemed to be innocent of the charge and will be acquitted" and shall
record such step in the proceedings.
82. (1) Any court may at any stage of any trial or other proceeding under this Code summon or call any person as a witness, or examine any person in attendance though not summoned as a witness or recall and re-examine any person already examined, and the court shall summon and examine or recall and re-examine any, such person if his evidence appears to it essential to the just decision of the case.
(2) The prosecutor or the defendant or his advocate, shall have the right to cross-examine any such person, and the court shall adjourn the case for such purpose if it considers necessary.
83. (1) Subject to subsection (2) and save as otherwise provided, every witness in any criminal cause or matter shall be examined upon oath and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
(2) Where any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his evidence may be received, although not given upon oath, if, in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.
(3) Where evidence admitted by virtue subsection (2) is given on behalf of the prosecution in any proceedings, the accused shall not be liable to be convicted of the offence unless that evidence is corroborated by other material evidence.
84. (1) Subject to subsection (2) any fact of which oral evidence may be given in any criminal trial may be admitted for the purpose of that trial by or on behalf of the prosecutor or defendant and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in that trial of the fact admitted.
(2) An admission under this section-
(a) may be made before or during the trial;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an individual, shall purport to
be signed by the person making it and, if so made by a body corporate, shall
purport to be signed by a director or manager, or the secretary or clerk, or
some other similar officer of the body corporate;
(d) if made on behalf of a defendant who is an individual,
may be made by his advocate;
(e) if made at any stage before the trial by a defendant
who is an individual, must be approved by his advocate (whether at the time it
was made or subsequently) before or during the trial in question.
(2)
If such person,
upon being brought before the court at or before such adjourned hearing, again
refuses to do what is required of him, the court may, if it sees fit, again
adjourn the case and commit him for the like period, and so again from time to
time until such person consents to do what is so required of him. without in
any such case offering any sufficient excuse for such refusal or neglect, the
court may adjourn the case for any period not exceeding 8 days, and may in the
meantime commit each person to prison, unless he sooner consents to do what is
required of him.
(3)
Nothing herein
contained shall affect the liability of any such person
to any other punishment or proceeding for refusing or
neglecting to do what is so required of him, or shall prevent the court from
disposing of the case in the meantime according to any other sufficient evidence taken before it.
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88. In every trial in which a plea of not
guilty has been entered, at the close of the case for the prosecution, and if
the court shall decide that there is a prima facie case made out against the accused, the presiding
judicial officer shall read aloud to the accused, whether or not he is
represented by an advocate, the following statement- "In making your
defence in this trial, you are entitled, in addition to calling other persons
as witnesses, to give evidence yourself on your own behalf, upon oath ,or
affirmation and subject to cross-examination by the prosecution. However you
are not obliged to give evidence and may elect instead to remain silent. If you
do not choose to give evidence, this will not of itself lead to an inference of
guilt against you and shall record this step in the proceedings.
89. (1) Subject to the rules contained in subsection (2) every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person
(2) The following rules shall apply to the witnesses referred to in subsection (1) -
(a)
a person charged
with an offence shall not be called as a witness pursuant to this section
except upon his own application;
(b)
the failure to
give evidence of any person charged with an offence or of the wife or husband,
as the case may be, of the person so charged, shall not be made the subject of
any comment by the prosecution;
(c)
the wife or
husband of the person charged with an offence shall not be called as a witness
except upon the application of the person so charged;
(d)
nothing in this
section shall make a husband compellable to disclose any communication made to
him by his wife during the marriage, or a wife compellable to disclose any
communication made to her by her husband during the marriage;
(e)
a person charged
and giving evidence as a witness pursuant to this section may be asked any
question in cross-examination notwithstanding that it would tend to criminate
him as to the offence charged;
(f)
a person charged
and called as a witness pursuant to this section shall not be asked, and if
asked shall not be required to answer, any question tending to show that he is
of bad character or has committed or been convicted of or been charged with any
offence other than that with which he is then charged.
90. Where the person charged is called by the
defence as a witness he shall be called as the first defence witness, unless
the court shall for special reason otherwise permit.
93. (1) Subject to subsection (2) the judgment in every trial in any criminal court in the exercise of its original jurisdiction shall be pronounced or the substance of such judgment shall be explained in open court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties and their advocates, if any.
(2) The whole judgment shall be read out by the presiding judicial officer if he is requested so to do either by the prosecution or the defence.
(3) The accused person shall, if in custody, be brought up or, if not in custody, be required by the court to attend to hear judgment delivered except where his personal attendance during the trial is not required or has been dispensed with and the sentence is one of fine only or he is acquitted.
(4) No judgment delivered by any court shall be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving on the parties or their advocates or any of them, the notice of such day and place.
94. At the time of any conviction by a court
the presiding judicial officer shall, where a right of appeal exists, inform
the convicted person of his right of appeal and the period of time within which
he must lodge notice of appeal, and the judicial officer shall thereupon record
that he has complied with the provisions of this section, sign such note and
date it.
95. (1) Every judgment shall, except as otherwise expressly provided by this Code, be written by the presiding judicial officer in the language of the court, and shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the presiding judicial officer in open court at the time of pronouncing it.
(2) In the case of a conviction the judgment shall specify the offence of which, and the provision of the Penal Code or other law under which the accused person is convicted, as well as the punishment to which he is sentenced. In the case of an acquittal the judgment shall state the offence of which the accused person is acquitted and shall direct that he be forthwith set at liberty, unless he is already in custody for some other offence.
96. On the application of the accused, a copy
of the judgment if it has been prepared in written form shall be given to him
without delay and free of cost.
97. Where there are more charges than 1
against the same accused and he has been convicted of 1 or more of them the
person conducting the prosecution (if any) may, with the consent of the court,
withdraw the others or the court of its own motion may stay the proceedings on
the others.
………………….
120. Except as otherwise expressly provided, all
evidence taken in any trial under this Code shall be taken in the presence of
the accused, save when his personal attendance has been dispensed with.
121. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language understood by him.
(2) If he appears by advocate and the evidence is given in a language other than English and not understood by the advocate, it shall be interpreted to such advocate in English as the case may be.
(3) When documents are put in for the purpose of formal proof it shall be in the discretion of the presiding judicial officer to interpret as much thereof as appears necessary.
(4) When the presiding judicial officer is satisfied that he is sufficiently conversant with the language used and understood by the accused, he may, without the use of a sworn interpreter, undertake any interpretation required under this section or which may be necessary in any trial from one into any other of the said languages with which he is conversant.
122. In trials other than trials under section
124 before a magistrate, the evidence of the witnesses shall be recorded in the
following manner -
(a)
the evidence of
each witness shall be taken down in writing by the magistrate, or in his
presence and hearing and under his personal direction and supervision, and
shall be signed by the magistrate and shall form part of the record;
(b)
such evidence
shall not ordinarily be taken down in the form of question and answer, but in
the form of a narrative:
Provided that the magistrate may, in his discretion, take down or cause
to be taken down any particular question and answer;
(c)
whenever the
evidence of a witness is given in English, or the dialect of the accused, the
magistrate may, if he is satisfied that he is sufficiently conversant with
these languages, take down or cause to be taken down such evidence in any of
the said languages in accordance with the provisions of the preceding
paragraphs without the use of a sworn interpreter.
REMARKS RESPECTING
DEMEANOUR OF WITNESS
123. When a magistrate has recorded the evidence
of a witness he shall also record such remarks (if any) as he considers
material respecting the demeanour of such witness whilst under examination.
PROCEDURE IN CASES OF
MINOR OFFENCES
124. (1) Notwithstanding anything in this Code, any magistrate having jurisdiction to try any of the offences set out in subsection (2) may try any such offence without recording the evidence as hereinbefore provided, but in any such case he shall enter, in such form as the Chief Justice may direct, the following particulars-
(a)
the serial
number;
(b)
the date of the
commission of the offence;
(c)
the date of the
complaint;
(d)
the name of the
complainant;
(e)
the name, surname
and address of the accused person;
(f)
the offence
complained of and the offence (if any) proved and in cases coming under
paragraph (d) of subsection (2) the value of the property in respect of which
the offence has been committed;
(g)
the plea of the
accused;
(h)
the finding and,
where evidence has been taken, a judgment embodying the substance of such
evidence;
(i)
the sentence or
other final order;
(j)
the date on which
the proceedings terminated.
(2) The offences referred to in
subsection (1) are-
(a)
offences
punishable with imprisonment for a term not exceeding 3 months or a fine not
exceeding $100 or both;
(b)
offences of
absolute liability;
(c)
assault causing
no physical damage;
(d)
offences against
property where the value of the property in respect of which the offence is
alleged to have been committed does not exceed $50;
(e)
any other offence
which the responsible authority may by Order in the Gazette direct
to be tried in accordance with the provisions of this section;
(f)
aiding,
counselling or procuring the commission of any of the foregoing offences.
(3)
When in the
course of a trial under the provisions of this section it appears to the
magistrate that the case is of a character which renders it undesirable that it
should be so tried, the magistrate shall recall any witnesses and proceed to
rehear the case in the manner provided by the preceding provisions of this
Part.
(4)
No sentence of
imprisonment for a term exceeding 3 months and no fine of an amount exceeding
$100 shall be imposed in the case of any conviction under this section.