Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697642946558.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Criminal Procedure (Committal for Sentence) (CAP.

118 1 CHAPTER 118 THE CRIMINAL PROCEDURE (COMMITTAL FOR SENTENCE) ACT Arrangement of Sections Section 1.

Short title.

2.

Procedure where accused confess guilt at preliminary enquiry.

3 .

Transmission of record of proceedings.

3 .

(2) Indictment.

4.

Accused to be brought before Judge to be dealt with.

4.

(2) Plea by accused committed for sentence.

5.

Withdrawal by accused of consent to his committal for sentence.

6.
6.

Powers of Court and Judge when dealing with com- mittals for sentence.

7 .

Notice by person committed for trial of intention to plead guilty.

8.

Committal for sentence in respect of indictable offences tried summarily.

LAWS OF ANTIGUA AND BARBUDA Criminal Procedure (Committal for Sentence) (CAP.

118 3 CRIMINAL PROCEDURE (COMMITTAL FOR SENTENCE) (8th December, 1411937.

S .

R .

0 .

2211956.

S.R.O.

4611981.

3111982.

1.

This Act may be cited as the Criminal Procedure Short title.
(Committal for Sentence) Act.

2.

(1) Except when the charge is one of treason or P;,",";,d~;~,"f,";h murder, if an accused person in any statement referred to guilt at in section 56 of the Magistrate's Code of Procedure Act says E;::?

or admits that he is guilty of the charge, then the Magistrate shall further say to him the words following, or words to Cap.

255. the like effect:- " Do you wish the witnesses again to appear to give "evidence against you at your trial?
If you do not, you "will now be committed for sentence instead of being "committed for trial".

If the accused, in answer to such question, states that he does not wish the witnesses again .to appear to give evidence against him, his statement shall be taken down in writing and read to him and shall be signed by the Magistrate and by the accused, if he will, and shall be kept with the depositions of the witnesses.
(2) The Magistrate may thereupon bind over the witnesses to attend the trial conditionally upon reasonable notice being given to them by the Registrar that they are required so to attend in pursuance of their recognizances.
(3) In any such case as is mentioned in this section, the Magistrate shall, instead of committing the accused for trial, order him to be committed for sentence before the High Court and in the meantime, the Magistrate shall, by his warrant, commit him to prison to be there safely kept until the sittings of that Court, or until he is admitted to bail or delivered by due course of law.
(4) The statement of the accused made under this sec- tion shall be received in evidence upon its mere production LAWS OF ANTIGUA AND BARBUDA 4 CAP.

118) Criminal Procedure (Committal for Sentence) Transmission of record of proceedings.

Indictment.

without further proof thereof by the Court before which he is brought for sentence.

3.
3.

(1) The Magistrate shall, as soon after such com- mittal as it practicable, transmit the complaint or informa- tion, depositions, and any statement or confession of the accused, taken on the hearing of such charge, to the Registrar, together with a copy of all such documents for the use of the Director or Public Prosecutions, and the Registrar shall, as soon as practicable after receiving the same, deliver them to the Judge and the Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall, as soon as practicable after receiving a copy of such record of pro- ceedings at the preliminary enquiry, prefer and file an indictment against the accused person committed for sentence.

4.

(1) As soon as conveniently may be after the fil- Accused to be brought before Judge to be dealt ing of an indictment against an accused person committed for sentence, the Registrar of the High Court shall issue a with.
summons to the accused person to appear and if he is in custody an order to the gaoler to bring the prisoner before a Judge of the High Court at a time to be f ~ e d by the Judge, and the Registrar shall notify the Director of Public Prosecutions accordingly.

plea by accused committed for sentence.


(2) The accused person shall be called upon to plead to the indictment in the same manner as if he had been com- mitted for trial, and he may plead, either that he is guilty of the offence charged in the indictment, or with the consent of the prosecutor, of any other offence of which he might be convicted on the indictment.
(3) If the accused person pleads in the High Court that he is not guilty, or if although he pleads that he is guilty it appears to the said Court upon the examination of the depositions of the witnesses that he has not in fact commit- ted the offence charged in the indictment, or any other offence, of which he might be convicted on the indictment, the plea of not guilty shall be entered and the trial is to pro- ceed as in other cases when that plea is entered, and the LAWS OF ANTIGUA AND BARBUDA Criminal Procedure (Cornrnital for Sentence) (CAP.
118 5 Judge shall postpone the case for trial by a jury at the regular criminal sessions of the High Court, and may remand the accused to prison or admit him to bail in the meantime.
(4) A person who has been committed for sentence may plead autrefois acquit, autrefois convict, pardon, or such special plea as he would be permitted to plead according to the law of England for the time being in force, and in such case unless the accused and the prosecutor and the Judge consent to the issue being tried by the Judge without a jury, the Judge shall postpone the case for a trial by a jury as in the preceding sub-section provided.

5 .
5 .

(1) A person may at any time before he is brought Withdrawal by up for sentence give notice in writing to the Registrar that to his he desires to withdraw his consent to be committed for committal for sentence, and in such case the prisoner shall not be taken Sentence.

before the High Court for sentence but shall be brought up for trial at the regular criminal sessions of the said Court.
accused o f (2) The notice shall be filed for record in the Registrar's office, and the Registrar shall notify the Director of Public Prosecutions of the withdrawal of the consent to committal for sentence; and such notice may be put in evidence at the trial or mention may be made at the trial of the fact that such notice was given.

6.

(1) A Judge of the High Coun when sitting to deal !
;;y,";L with persons committed for sentence shall, subject to these dealing with provisions, possess all the powers, authorities and jurisdiction committds for vested in the High Court with respect to the trial of criminal cases in the exercise of the ordinary criminal jurisdiction of the said Court.

sentence.
sentence.

zzA (2) The Registrar or the proper officer shall attend before a Judge in any proceedings respecting persons com- mitted for sentence, and keep a record thereof in like man- ner as in other proceedings in the Court.

7.
7.

(1) A person committed for trial, whether he is in ~ ~ ; ~ ~ d ~ ~ custody or not, may, if he wishes to plead guilty and be trial o f intention sentenced prior to the regular Criminal sessions of the Court, file with the Registrar a notice in writing to that effect; the notice shall be filed of record in the Registrar's Office.

plead guilty.

LAWS OF ANTIGUA AND BARBUDA 6 C A P .

118) Criminal Procedure (Committal for Sentence) Committal for sentence in respect of indictable offences tried summarily.
(2) In such case the Registrar shall notify the Judge and the Director of Public Prosecutions, or other prosecutor, of such notice and the subsequent proceedings shall be as in the case of a person committed for sentence and the provi- sions of sections 4, 5 and 6 shall mutatis mutandis apply.

8.
8.

(1) Where a person has been committed by a Magistrate to the High Court for sentence under section 100 of the Magistrate's Code of Procedure Act, the Magistrate shall notify the Registrar of the High Court, and the Registrar shall give notice to the Director of Public Prosecutions and to the superintendent of the prison to which the person is committed of the date on which the case will be dealt with.
(2) Where a person is so committed for sentence as refer- red to in subsection (I), a judge of the High Court shall inquire into the circumstances of the case, and shall have power to deal with the person so committed in any manner in which he could be dealt with by a court before which he had just been convicted of the offence on indictment.