CAP. 125. 
CYPRUS 
IMlNAL PROCED 
CHAPTER 155 OF THE LA 
1959 EDITION 
C.-IbB 
______. 2 CAP. 155.1 CRIMINAL PROCEDURE. 
CHAPTER 155. 
CRIMINAL PROCEDURE. 
ARRANGEMENT OF SECTIONS. 
ssdia 
1 Short title . . .. .. PART I 
PRELIMINARY. 
2 Interpretation .. 
3 Law of England when applicable .. .. .. 
.. .. 
PART I1 
INVESTIGATION OF OFFENCES AND PROCEEDINGS 
ANTECEDENT TO PROSECUTION 
Investigation of offences. 
4 Investigating officers. . . .. .I .. 
5 Investigation of offences .. .. .. 
7 Governor may require production of telegrams .. .. 
8 Application of Judges' Rules .. .. .. 6 Order to produce documents' .. .. .. 
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34 Arrest and Search. 
Arrest .. .. .. .. .. 
Search of arrested person . ~ .. .. .. 
Search of place in pursuit of person evading arrest 
Power to break out of any. house for purpose of liberat'ion 
Arrested persons to be taken to police station or place for reception bi 
Arrest by private person and owner of property without warrant .. 
arrested persons. .. .. 
Arrest by police officer without warrant in certain cases 
Arrest by or under directions of Judge . . .. .. 
Disposal of persons arrested without wamnt .. .. 
Issue of warrant of arrest . . .. .. 
Form, contents and duration of warrant bi- arresl 
Irregularities in warrant . . .. ~. 
Execution of warrant and procedure thegon 
Procedure on arrest of person outside local jurisdiction' ' 
Power to release person arrested on bond .. .. 
Remand in police custody .. .. 
Search of person and places without warrant .. .. 
Power to search means of conveyance , . .. .. 
Search warrants .. .. .. 
Form and duration of search warrant . . .. .. 
Execution of search warrant .. .. .. 
Ingress to a closed place .. .. 
Discharge of suspected occupier or other person 
Detention or disposal of things seized under search wairant .. . . 
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Seizure of property not mentioned in the warrant 
Power of Judge as to documents or things possession of which is unlawfui . . 
PART I11 
i'IIQCEEDINGS IN PROSECUTIONS 
2)7 diminarj!. 
Perscns convicted or acquitted not to be tried again for same oflence 3.5 page 
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CRIMINAL PROCEDURE. [CAP. 155. 3 
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Seclion 
36 Civil remedy not to be suspended 
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46 Commencement of criminal proceedings and process to cotnpel appeavaaw. 
Commencement by charge .. .. .. 22 
Form of charge .. .. .. .. 22 
Provisions regarding the framing of charges .. .. 22 
Joinder of counts in charges and powers of the Court . . .. 24 
Joinder and trial of persons .. .. 25 
Manner jP which parties to offences may'be charged . . .. 25 
Presentation of charge to Judge and filing .. .. 25 
Summons m warrant for compelling attendance .. .. 26 
Form and contents of summons .. .. . . 26 
Service of summons .. .. .. .. 27 
Pvovisiorts relating gemerally to all trials, summary arid on informatioti, 10 pveliminary 
inquivzes. 
47 On trial, Court to acquit or convict. .. .. .. 27 
48 Adjournment and remand in custody . . .. .. 27 
49 Issue of summons for witness .. .. .. 28 .. 28 50 Warrant for witness .. 
51 Witness to attend adjournez hearing . . .. .. 29 
52 Penalty for witness refusing to attend . . .. .. 29 
53 Summoning prisoner, etc., as witness . . .. .. 29 
54 Power to call or recall witness .. .. . . 29 
55 Evidence of witness to be on oath or afirmatioii . . .. 30 
56 Order of examination of witnesses .. .. .. 30 
57 Cross-examination of witnesses by co-accused .. . . 31 
58 Refractory witnesses . . .. .. .. 31 
59 Dumb witnesses .. .. .. ". 32 
60 Court may order payment of the costs and expeiises of wi;ness . . 32 
61 Taking evidence by commission .. .. .. 32 Compelling attendance and examination of witnesses. 
e'. 
Geneva1 provisions asyfo pleas and procedurc ~ri all trial$, swttmary atrd OH ztxjbrwtion 
62 Pleading to charge or information .. .. .e 
63 Presence of accused during trial ~. .. .. 
64 Assignment of advocate by Court .. .. *. 
65 Interpretation of evidence to accused . . .. t. 
66 Objection to charge or information . . .. 
67 Pleas by acc&d .. .. 
68 Plea of guilty or not guilty .. .. .. 
69 Special pleas . . ... .. .. .. 
70 Insanity of accused .. .. .. I. 
71 Pleading to charge of previous conviction .. .. 
72 Appearance and plea by corporation .. .. 
74 Hearing of the case .. .. .. .. 
75 Procedure at trial of more persons than one .. .. 
76 Cross-examination by co-accused .. .. .. 
.77 Acquittal or conviction . . .. .. .. .. .. 
73 Witnesses to leave the Court during hearir~.;: .. .. 
.. 78 Allocutus *. .. 
80 Sentence .. .. 
82 Variances *. .. .. 79 Motion in arrest of judgment .. .. 
81 Outstanding iffences . . .. 
83 Alteration of defective charge or information .. .. .. .. .. .. .. 
84 Procedure on alteration of charge or information . , .. 
84 Quashing of charge or information . . .. 85 
87 View of locus ~. L. .. 
88 proof of part of charge or information or of offence not containcd therein 
Special provisions in summary luials. 
Limitation of time for charges in summary trials in certain cam .. 
t. 
69 Proceedings on non-appearance of accused or i)rosecutor ~" 
90 Offence proving unsuitable for summary trial .. .* 
91 Withdrawal of charge . . .= .. .. 
93 Procedure in preliminary inquiries . . .. Preliminary Inquiry. 
92 grehnbary inquiry to be held for offences not triable summarily . . 
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4 CAP. 155.1 CRIMINAL PROCEDURE. 
Section Page 
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147 .. Conflict of evidence .. .. 
Committal of corporation . . .. .. 
Depositions how taken . . .. 
Taking deposition of witness who is ill, etc. 
Binding over of witnesses . . .. .. 
Conditional binding over of witnesses . . .. 
Transmission of record of preliminary inquiry .. .. 
Depositions may be read as evidence in certain cases . . 
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Accused to have copy of depositions, etc., on payment 
Power of Judge to try summarily during course of preliminary 
Preliminary inquiry may be continued by other Judge 
Transfer of case where offence committed outside jurisdiction 
Committal for trial without preliminary inquiry .. 
Special provisions in trials on informalion. .. .. .. .. .. .. .. .. .. 
inquiry .. .. .. 45 
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Trial before Assize Court to be on information .. 50 
Information may charge accused with any offence disclosed in depositions 50 
50 Form of information .. .. 
Additional witnesses .. Sections 40, 41, 42 to apply io informatid; .. .. .. .. .. 
Judgwienls. 
Mode of delivering judgment *. .. .. 
Contents of judgment . . .. 
Delivery of judgment by another Judge in certain cases .. .. .. 
Copy of judgment to accused 
Notes of evidence and report to be forwarded to the Governor in certain 
Cases .. .. .. .. 
Commencement of sentence of imprisonment .. .. 
PART IV. 
EXECUTION AND RECOVERY OF PENALTIES. 
Payment of penalty .. .. 
Interrogation of person as to his means . . 
Warrant for levy of penalty 
Manner of execution of warrants 
Claim on property taken in execution 
Commitment to prison . . 
Commitment in lieu of warrant of execution 
Payment after commitment 
Application of sum received under warrant 
Reduction of period of imprisonment on part pa) 
Period of imprisonment in case of commitment 
Detention after warrant of execution .. .. . . 
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Orders by Assize Courts . . .. .. .. .. .. .. .. .. .. .. .. 
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rment of penalty . . 
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PART V. 
APPEAL§, RESERVED QUESTIONS OF LAW, ETC. 
No appeal in criminal cases except as provided for . . 
Appeals from Assize Court against conviction 
Appeal from District Court against conviction 
Extension of time of notice of appeal, etc. 
Appeal after plea of guilty . . .. .. 
Appeal by Attorney-General .. .. 
Procedure on receipt of file of proceedings .. .. .. 
No appeal against imprisonment in certain cases . . 
Form of notice and of application for leave to appeal . . 
Procedure on receipt of notice of, or application for leave 
Fixing date of hearing of appeal and notice thereof . . 
Abandonment of appeal or application for leave to appeal 
Procedure on hearing the ameal .. .. .. .. .. .. .. .. .. .. .. 
to, appeal .. .. .. .. 
Supreme Court not t'o hear-iny party except on grounds of appeal . . 
Supplementary powers of C:ipreme Court during hearing of appeal . . 
Power of Supreme Court as t:, ,>mmencement or suspension of sentence etc. Powers of Supreme Court in determining appeals . . .. 64 
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I<t~rroatzou of qzce.drons (g inzu und slating cme joy Sirp,rm Corrrf. 
148 Question of law reseivetl for opinion of Supreme Court .. 
149 Stating case by Judge for opinion of Supreme Coni t . . .. 
~,cJlcrd. 
150 Notices, etc., lelt at addrcss nanied . . .. .. 151 Costs on appeal .. .. .. .. 152 Judgnient to be entered in book, etc. . . 
153 No judgment to be reversed on appeal on point of fo& or matter if 
variance unless objection taken at trial .. 
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SUPPLEMENTARY PROVISIONS 
General powers of Attorney-General in criminal proceedirtgs. 
Nolle prost-qui in criminal cases .. .. 
Delegation of powers by Attorney-General 
Helease on lxiil .. .. .. 
Hail bond . . .. .. .. 
Power to increase bail and to order sufficient sureties . . 
Person on bail about to leave the Colony 
Release of person in custody and warrant of deliverance 
Discharge of sureties . . .. .. 
Death of surety .. 
Certain provisions to apply to recognisances 
Costs, how to be paid . . .. .. 
Costs of witnesses for defence .. .. 
Payment of costs by accused .. .. 
Award of costs ti5 accused . . .. .. 
Disposal of prpperty in possession of police 
Restitution of property . . . .. .. Restoration of possession of immovable property Power of Attorney-General to remit case to lower Court .. 
Bail aad rezognisanct-s. 
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Forfeiture of bail bond and'procedure theieon .. .. 
Costs and vt-sfiltrtion. 
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il fiscellaneotcs. 
Notes of evidence .. .. .. 
Change of place of trial . . .. .. General power of Courts to regulate proceedinss 
Rules of Court .. . . .. .. .. 
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6 CAP. ’155.1 CRIMINAL PROCEDURE. 
gz214. A LAW TO AMEND AND CONSOLIDATE THE LAW RELATING 
6 of 53. TO PROCEDURE IN CRIMINAL PROCEEDINGS. 
39 of 54. 
37 $58. 
[lSth December, 1948.1 Short title. 
1. This Law may be cited as the Criminal Procedure Law. 
PART I. 
PRELIMINARY. 
Interprets- 2. In this Law--- tion. 
‘I charge ” means the accusation in writing of an 
offence with which an accused person is charged in a 
summary trial or a preliminary inquiry ; 
“ Court ” means a Court 0; competent jurisdiction ; 
“ criminal proceedings ” and cognate expressions 
:man any proceedings instituted befme any Court 
against any person to obtain punishment of such person 
for any offence against any enactment and includes 
a preldminarv inquiry ; 
“ enactmtnt ” includes Laws and public instruments ; 
“ irhrmation ” means the accusation in writing of 
an offence filed by, or on behalf of, the Attorney- 
General in an Assize Court against an accused person 
for trial before such Court ; 
“ Judge ” means any member of a District Court; 
“ offence ” means an act, attempt, or omission 
punishable under any enactment ; 
“ officer in charge of a police station” includes, 
when the officer in charge of a police station is absent 
from the station building or is unable for any reason 
to peSform his duties, the police officer present at the 
station building who is next in seniority to, or who, in 
the absence of such officer in charge, performs the duty 
of, such officer ; 
“penalty” means any fine imposed under any 
enactment in force for the time being, any forfeited 
bail bond or recognisance, any sum adjudged in any 
criminal proceedings to be paid by any person by 
way of compensation, damages, costs or otherwise 
and includes the costs of execution for the recovery 
of the sape : 
. 
CRIMINAL PROC'EDURE. [CAP. 155. 7 
" place " includes any house, office, room or building 
and any place or spot, whether open or enclosed and 
any vehicle, aircraft on land and any ship, boat or 
other vessel whether afloat or not ; 
" preliminary inquiry " means an inquiry into a 
charge held by a judge with a view to the commital 
of an accused person for trial before an Assize Court ; 
I' summary trial " means any trial by a Judge in the 
exercise of his summary jurisdiction. 
3. As regards matters of criminal procedure for which && 
there is no special provision in this Law or in any other when 
enactment in force for the time being, every Court shall, 
in criminal proceedings, apply the law and rules of practice 
relating to criminal -procedure for the time being in' force 
in England. 
)'ART -11. 
INVESTIGATION ~ OF OFFENCES ANI) PROCEEDINGS 
ANTECEDENT TO PROSECUTION. 
Imestigation of Oflemes. 
4. (1) Any police officer may investigate into the com- ::;%;*. 
(2) The Governor may authorise any person, by name 
or by his office, who appears to him to be competent for 
the purpose, to. investigate into the commission of any 
offence. 
(3) Any police officer or any person authorised under 
subsection (2) investigating into the commission of any 
offence is hereafter in this Law referred to as investigating 
officer '. 
5. (1) Every investigating officcr may require any person, :rn;:p- 
whom he has reason to suppose to be acquainted with the OffenW. 
facts or circumstances of the offence which he is in- 30f6153. 
vestigating, to attend at such time and place as such officer 
may reasonably direct for the purpose of examining him 
and taking a statement from him in relation to such offence. 
(2) The investigating officer may' reduce into writing any 
statement made by the person examined and such state- 
ment shall then be read over to such person who shall 
thereupon sign the same or, if he is illiterate, affix his mark 
thereto and, if such person refuses to do so. the investi- 
gating officer shall make at the foot of the statement 
a note of the refusal stating also the reason thereof, if 
ascertained, and the statement shall then be signed by 
the investigating officer. rnision of any offence. 2 076/!53. 
~ 
-- 8 CAP. 155.1 CRIMINAL PROCEDURE. 
(3) Any such statement if proved to have been made 
voluntarily shall be admissible in evidence in any criminal 
proceedings against the person making the statement. 
(4) Any person who, without reasonable cause, refuses 
to attend at such time and place as he may be directed, 
shall be guilty of an offence and shall be liable to imprison- 
ment for a term not exceeding one year or to a fine not 
exceeding one hundred pounds or to both. 
6. (1) The investigating officer during the investigation 
of an offence mav, if he considers the production of a 
document to be necessary or desirable for the purposes of 
such investigation, issue a written order to the person in 
whose possession or under whose control such document is, 
or is believed to be, requiring him to produce it at such 
reasonable time and place as may be specified in the order. 
(2) Any person required by written order under this 
section to produce a document shall be deemed to have 
complied with the order, if he causes the dpcument to be 
produced instead of attending personally to produce the 
same. 
(3) Any person who, without reasonable cause, refuses to 
produce any document when ordered to do so under this 
section shall be guilty of an offence and shall be liable to 
imprisonment for a term not exceeding three years or to a 
fine not exceeding one hundred pounds or to bcth. 
(4) Nothing in this section shall apply to any dociiment 
for the production of which a warrant of the Governor or 
an order of the Court is required by this Law or any other 
Law. 
7. (1) If during the investigation of an offence it is made 
to appear to the Governor that such course is expedient 
in the public interest, the Governor may, by warrant under 
his hand, require any person who owns or controls any 
telegraphic cable or wire, or any apparatus for wireless 
telegraphy, used for the sending or receipt of telegrams to 
or from any place either within or out of the Colony, to 
produce to him, or to any person named in the warrant, 
the originals and transcripts, either of all telegrams, or of 
telegrams of any specified class or description, or of tele- 
grams sent froin or addressed to any specified person or 
place, sent or received to or from any place either within 
or out of the Colony by means of any such cable, wire or 
apparatus, and all other papers relating to any such 
telegram as aforesaid. Order produce to 
documents 
Governor 
production 
Of may require 
C‘RIMINA L PROCEDURE. [CAP. 155. 9 
(2) Any person who, on being required to produce any 
such original or transcript or paper as aforesaid, refuses or 
neglects to do so, shall be guilty of an offence and shall be 
liable to imprisonment for a term not exceeding three years 
or to a fine not exceeding one hundred pounds or to both. 
“ telegram ” means any message or other com- 
munication transmitted or intended for transmission 
by any apparatus for transmitting messages or other 
communications by means of electric signals ; 
‘‘ wireless telegraphy ” means any system of com- 
munication by telegraph without the aid of any wire 
connecting the points from and at which the messages 
or other communications are sent and received. (3) For the purposes of this section- 
8. Without prejudice to the generality of section 3 of this 2::y- 
Law and without prejudice to the operation of section 5 of ~~d~~~’ 
this Law the rules for the time being approved by Her :$e;iljs, 
Majesty’s Judges of the Queen’s Bench Division in England 
relating to the taking of statements by police officers (known 
as “ The Judges’ Rules ”) shall apply to the taking of state- 
ments in the Colony as they apply to the taking of statements 
in England. 
A rrest and Scurch. 
person making,the same shall actually touch or confine the 
body of the person to be arrested, unless there be a sub- 
mission to the custody by word or action. 
(2) If the person to be arrested forcibly resists the 
endeavour to arrest him or attempts to evade the arrest, 
the police oflicer or other person making the arrest may use 
all means necessary to effect the arrest : 
Provided that nothing in this subsection contained shall 
be deemed to justify the use of greater force than was 
reasonable in the circumstances in which it was employed 
or was necessary for the arrest of the offender. 
(3) Except when the person arrested is in the actual 
course of the commission of an offence or is pursued 
immediately after the commission of an offence or escapes 
from lawful custody, the police officer or other person 
making the arrest shall inform the person arrested of the 
cause of the arrest. 
making the arrest or to whom the person arrested is handed person 9. (1) In making an arrest, the police officer or other Arrest. 
10. (1) Whenever a person is arrested the police officer 2;;;;L;f 
. 10 CAP. 155.1 CRIMINAL PROCEDURE. 
over may searsh such person, using such force as may be 
reasonably necessary for such purpose and may seize any 
article or document found in the possession of such person 
which suck police officer has sufficient reason to believe 
may form material evidence against the person searched, or 
any other person, on a criminal charge and may, in any 
case, take from the person arrested any instrument of 
.violence or other offensive weapon which such person has 
about him. 
(2) Whenever it is necessary to search a woman, the 
(3) Where any property has been seized or taken froin 
anv person under this section and the person is released 
on-the ground that there is no sufficient reason to believe 
that he has committed any offence, the property so taken 
from him shall be restored to him by the person in charge 
of the property unless such person has sufficient reason to 
believe that such property may form matirial evidence 
against any other person on a criminal charge. search shall be made bv a woman. . 
Search place in of 
pursuitof 
evading Pe-n 
arrest. 11. (1) If any person, having authority to arrest whether 
under a warrant or not, has reason to believe that the 
person to be arrested has entered into or is within any 
place, every person residing in or being in charge of such 
place shall, on demand, allow the person having such 
authority free ingress thereto and shall afford all reasonable 
facilities to search therein for the person sought to bt 
arrested. 
(2) If ingress to such place cannot be obtained under 
subsection (1) of this section, any person having authority 
to arrest may enter such place and search therein for the 
person to be arrested and, in order to effect an entrance 
into such place, may break open any outer or inner door 
or window of any house or place, whether in charge of the 
person to be arrested or of any other person, or otherwise 
effect entry into such house or place. 
Bower to 
Ln-ihouse 
iur I)~VOS~ 12. An;; person having authority to arrest wheth- tinder 
warrant or not may break out oi aay ho~w OF place ip 
order to Iiberatc himself or an37 otlm yersom ~vh, having 
lawfully entered for t3.i~ pizrps "c rf ma't-in? an arrest, is 
dvtaineri tficrein. break out 0.l 
of liberation 
CRIMINAL PROCEDURE. [CAP. 155. 11 
__I__ .- -- 
13. Any person who is arrested, whether with or without =bbe 
a warrant, shall be taken with all reasonable despatch to a -to 
police station or other place for the reception of arrested =(y 
persons and shall, without delay, be informed of the charge pl.cefor 
against him. 
Any such person while in custody shall be given reason- P= 
able facilities for obtaining legal advice for taking steps to 
obtain bail and otherwise for making arrangements for his 
defence or release. reception of 
arrssted 
14. (1) Any police officer may, without warrant, arrest Arrestby police oacer 
without 
wimantin 
certaincasse. any person- 
(a) whom he suspects upon reasonable grounds of 
having committed an offence punishable with 
death or imprisonment for a term exceeding 
two years ; 
(b) who commits in his presence any offence punishable 
with imprisonment ; 
(G) who obstructs a police officer, while in the execution 
of his duty, or who has escaped or is attempting 
to escape from lawful custody ; 
(d) in whose possession anything is found which may 
reasonably be suspected to be stolen property 
and who may reasonably be suspected of having 
committed an offence with reference to such 
property ; 
(e) whom he suspects upon reasonable grounds of being 
a deserter from Her Majesty’s Navy, Army or 
Air Force ; 
(f) whom he suspects upon reasonable grounds of 
having been concerned in any act committed 
at any place out of the Colony which, if com- 
mitted in the Colony would have been punish- 
able as an offence and for which he is, under 
any Act of Parliament or Order of Her Majesty 
in Council extending to the Colony, liable to be 
apprehended and detained in the Colony ; 
(g) for whom he has reasonable cause to believe a 
warrant of arrest has been issued by a Court ; 
(h) who has no ostensible means of subsistence and 
who cannot give a satisfactory account of 
himself ; 
(i) who is found taking precautions to conceal his 
presence in circumstances which afford reason 
12 
-_ .- - . . CAP. 155.1 CRIMINAL PROCEDURE. 
___ - . ____ - - - 
to believe that he is taking such precautions 
with a view to committing an offence; 
(j) whom he is directed to arrest by a Judge under the 
provisions of section 16 of this Law ; 
(k) whom he suspects +upon reasonable grounds of 
having committed any offence punishable with 
imprisonment and who refuses to give his name 
and address or gives a name or address which 
the police officer suspects to be false ; 
(1) who may be arrested without warrant under any 
enactment in force for the time being. 
(2) The authority given to a police officer to arrest a 
person without warrant shall not be exercisable in respect 
of an offence if the enactment creating the same provides 
that the offender cannot be arrested withput a warrant, 
except where the offence is committed in the officer’s 
presence and the offender iefuses to give his name and 
address or gives a name or address which the police: officer 
suspects to be false, in which case such officer may exercise 
such authority notwithstanding the provisions of such 
enactment. 
Arrest by 15. (1) Any private person may, without warrant, arrest 
private any other person- 
owner of (a) who commits in his presence an offence punishable 
without with death or imprisonment exceeding two 
warrant years ; 
(b) whom he reasonably suspects of having committed 
an offence so punishable as in paragraph (a) 
hereof provided, if the person making such 
arrest has reasonable grounds to believe that 
the person to be arrested may escape punish- 
ment ; 
(G) whom he is directed to arrest by a Judge under the 
provisions of section 16 of this Law ; 
(d) who has escaped from lawful custody or is attempt- 
ing to evade lawful arrest ; 
(e) who may be arrested without warrant by any 
person under any enactment in force for the 
time being. 
(2) Persons found committing any offence involving 
injury to property may be arrested without a warrant by person and 
property 
CRIMINAL PROCEDURE. [CAP. 155. 13 
the owner of the property or his servant or any person 
authorised by him. 
(3) (a) Any person arresting any other person under the 
provisions of this section shall, without un- 
necessary delay, hand over the person so 
arrested to a police officer or, in the absence of 
a police officer, shall take such person to the 
nearest police station ; 
(b) if there is reason to believe that the person arrested 
comes under the provisions of subsection (1) of 
section 14 of this Law, a police officer shall 
re-arrest him. 
16. A Judge may himself arrest or direct the arrest in ~rrest Ivor under 
directions of 
Judge. his presence of any person- 
(U) who is found comrnitting any offence in his 
presence ; 
(b) for whose arrest he is competent at the time and in 
the circumstances to issue a warrant, 
and he may deal with the person so arrested in the same 
manner as if such person had been duly brought before him 
under the provisions of this Law to be further dealt with 
according to law. 
17. When any person has been taken into custody Dispc~sal of persons without a warrant for an offence other than an offence 
punishable with death, the officer in charge of the police without 
station to whom such person shall have been brought 
may- 
(a) in any case, and shall, if it does not appear 
practicable to bring such person before the Court 
within twenty-four hours after he has been so 
taken into custody, cause an investigation of 
the case to be made and unless the offence 
appears to the officer to be of a seridus nature, 
release the person on his executing a bond, with 
or without sureties, for 3 reasonable amount to 
appear before the Court at a time and place TQ 
be named in the bond but where any persom: is 
retained in custody, he shall be brought before 
a Judge as soon as practicable ; warrant. 
14 CAP. 155.f CRIILIINAL PROCEDURE. 
(b) if it appears to him that the investigation of the 
case cannot be completed forthwith, discharge 
the said person on his entering into a recog- 
nisance, with or without sureties for a reasonable 
amount, to appear at such police station and at 
such time as is named in the recognisance, 
unless he previously receives notice in writing 
from the officer of police in charge of that police 
station that his attendance is not required; 
(6) release a person arrested on suspicion on a charge 
of committing any offence, when, after due 
police investigation, insufficient evidence is, in 
his opinion, disclosed on which to proceed with 
the charge. 
18. (1) Any Judge rnay issue a warrant for the arrest of 
any person in all cases in which he considers that such 
warrant is ,necessary or desirable : 
Provided that no warrant of arrest shall be issued unless 
the grounds on which it is applied for are supported by oath. 
(2) A warrant of arrest may be issued on any day 
including a Sunday or public holiday. 
. (1) Every warrant of arrest shall bc under the hand 
of the Judge issuing the same and shall bear the date of 
(2) Every such wanant shall state shortly the offence 
or matter for which it is issued, shall name or otherwise 
describe the person to be arrested and shall osder the 
police officer or other person to whom it is directed to 
apprehend the person against whom it is issued and bring 
him before the Court issuing the warrant OK before some 
other Court having jurisdiction in the case, to answer to 
the statement of offence or matter therein mentioned and 
to be further dealt with according to law. 
(3) Every such warrant shall normally be directed 
generally to all police officers ; but any Judge 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, and when a warrant is directed to more 
officers or persons than one, it rnay be executed by all or 
by any one or more of them. 
(4) Every such warrant shall remain in force until it is 
executed or until it is cancelled by a Judge. Issue of 
warrant of 
arrest. 
Form, 
dumtionof <.outen t3 and 
warrant of issue. 
%mest 
CRIMINAL PROCEDURE. [CAP. 155. 15 
~~ 
20. No irregularity or defect in the substance or form of IRegPlorities in warrant. ;a warrant of arrest and no variance between it and the 
charge or between either and the evidence prodiaced on the 
part of the prosecution at any inquiry or trial, shall affect 
the validity of any proceedings at or subsequent to the 
hearing of the case, but ii 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 admit 
him to bail. 
Execution of 
warrant and 21. (1) Every warrant of arrest may be executed at any 
time and place in the Colony on any day including a procedure Sunday or public holiday. thereon. 
(2) The person executing any such warrant shall, before 
making the arrest, inform the person to be arrested that 
there is a warrant for his apprehension unless there is 
reasonable cause for abstaining from giving such informa- 
tion on the ground that it is likely to occasion escape, 
resistance or rescue. 
(3) Every person arrested on ally such warrant shall, 
subject to the provisions of sections 22 and 23 uf this ka.w 
be brought, as soon as is practicable after he is so arrested, 
before the Court out of which the warrant was issued. 
(4) A warrant of arrest may be executed notwithstanding 
that it is not in the possession at the time of the person 
executing the warrant, but the warrant shall, on the 
demand of the person apprehended, be shown to him as 
soon as practicable after his arrest. 
22. (1) Where a warrant of arrest is executed outside the f$zd;Fon 
local limits of the jurisdiction of the Court out of which it personout- 
was issued, the person arrested shall, unless released on a $?$Zon. 
bail bond under section 23 of this Law, be taken before 
the Court within the local limits of the jurisdiction of which 
the arrest was made. 
(2) Such Court shall, if satisfied that the person arrested 
is the person intended to be arrested, direct his removal in 
custody t~ the Court out of which the warrant was issued 
Provided that, if siich person has been arrested in respect 
of any matter other t31a11 an offence gmnlshable 3 
and is either ready as$ willing to give bail f-rt 
faction of the Court 'Mrj'~Eiin the loccl Kmik d: 
16 CAP. t55.1 CRIMINAL PROCEDURE. 
diction of which he was arrested or is ready and willing to 
enter into a bail bond as required by any direction endorsed 
on the w&-ia,nt under section 23 of this Law, the Court 
shakil take bail and shall forward the bail bond to the Court 
out of which the warrant was issued. 
Power to 
release 
pawn armsted on 
bond. 
Remand in 
police 
custcdy. 23. (1) Any Judge, on issuing a warrant for the arrest of 
any person in respect of any matter other than an offence 
punishable with death, may if he thinks fit, by endorse- 
ment on the warrant, direct that the person named in the 
warrant be released after arrest on his entering into such 
bail bond for his appearance as may be required in the 
endorsement. 
(2) The endorsement shall specify-- 
(a) the number of sureties, if any ; 
(b) the amount in which they and the persori named 
in the warrant are respectively to he bound ; 
(c) the Court before which the person arrested is to 
(d) the time at which he is to attend including an 
undertaking to appear at any subsequent time 
as may be diiected by any Court before which 
he may appear. 
(3) Where such an endorsement is made, the officer in 
charge of any police station to .which on arrest the person 
named in the warrant is brought, shall release him upon 
his entering into a bail bond, in accordance with the 
endorsement, conditioned for his appearance before the 
Court and at the time and place named in the bail bond. 
Such bond shall thew be forwarded to the Court before 
which the person named in the bail bond is bound to 
appear. 
(4) Where action is taken under this section the surety 
or suretiez, if any, shall be such as may be approved by the 
officer who takes the bail bond. attend; and 
Where it shall be made to appear to a Judge that the 
tigatlon into the commission of an offence for which a 
person has been arrested has not been completed, it shall be 
lawful forithe Judge, whether or not he has jurisdiction to 
deal wrth the offence for which the investigation is made, 
on application made by a police officer, not below the 
rank of an inspector, to remand, from time to time, such 
arrested person in the custody of the police for such time 
CRIiVIINAL PROCEDURE. ;CAP. 155. 17 
not exceeding eight days at any one time as the Court shall 
think fit, the day following the remand being counted as 
the first day. 
25. (1) Any police officer may, without warrant-- Seardi of 
person and 
(G) detain and search any person whom he reasonably placeswlth- suspects of carrying, conveying or concealing out warrant 
any article or document in respect of which any 
offence is about to be committed or is being 
committed or has recently been committed ; 
(6) enter upon and search any place-- 
(i) if he has reason to believe that an offence 
punishable with death or imprisonment exceed- 
ing two years is about to be committed or is 
being committed, or has recently been com- 
mitted, therein or that any instrument with j ((1) of 
which any such offence has recently been 6/53 
committed anywhere may be found therein; 
(ii) if the occupier of the place calls in the 
assistance of the police ; 
(iii) if any person in the place calls in the 
assistance of the police and there is reason to 
believe that an offence is being committed in 
the place ; 
(iv) in anv case in \vhicli he may enter upon 
and search ‘any place Lvithout warrant undei 
any enactment in force for the time being. 
(2) Anything which is found duiing a search carried out 5 o ) 6/53. under subsection (1) of this section and which might bc 
seized had the search been carried out under a search 
warrant may be seized and dealt with in the same mannei- 
as if it were a thing seized during a search under a search 
warrant and the provisions of section 32 of this Law shall 
apply, mutatis mutandis, to any such thing. 
26. (1) Without prejudice to any other power conferred Power tr) search 
means of 
conveyance 
2 of 27/55. by this or any other Law- 
(a) any police officer ; or 
(6) any member of Her Majesty’s Forces specially 
authorised in this respect by his commanding 
officer, 
may, upon reasonable suspicion, stop and search any 
means of conveyance for the purposes of ascertaining 
C.-166 2 
is CAP. 155.1 CRIMINAL PROCEDURE. 
whether any explosive substance, offensive weapon or 
other instrument of violence is unlawfully contained thereill. 
(2) Anything which is found during a search carried out 
under subsection (1) of this section and which might be 
seized had the search been carried out under a search 
warrant may be seized and dealt with in the same manner 
as if it were a thing seized during a search under a search 
warrant and the provisions of section 32 of this Law shall 
apply, mutatis mutandis, to any such thing : 
Provided that any explosive substance, offensive weapon 
or other article or document found during any such search 
which is liable to forfeiture under the provisions of an)’ 
otlier Law in force for the time being shall be so forfeited. 
(3) Any person in charge of any means of conveyance 
required under subsection (I) to stop and allow such Ineaiih 
of conveyance to be searched, who refuses to stop or tu 
permit such means of conve\jance to be searched, or who 
obstructs any police officer ;I- member of €€el- Majesty’s 
Forces specially autliorised in this respect by liis coniiiiaxicl- 
ing officer under subsection (l), sliall be guilty of an offence 
and shall be liable to imprisonment for a tern1 not exceediiig 
six months or to a fine not exceeding one hundred pounds 
or to both. 
(4) For the purpose of this section--- 
‘ expIosive substance ’ means x,.unpouder, iiitio- 
glycerine, dynamite, gun-cotton, blasting powlt~-, 
fulminate of mercury or of otlier metals, coloili t 
fires arid et-cry otlier substance, wliether similar I 8 
those abokre mentioned or not, used or manufactui t 
with a view to produce a practical effect by explosiol 
or a pyrotechnic effect, and includes fog signal 
fireworks, fuses, rockets, percussion caps, detonator >, 
cartridges, ammunition of all descriptions, and eve1 y 
adaptation or preparation of any explosive substaacc 
as above defined and any apparatus, machine or ini- 
plement or any part thereof, or materials used, or 
intended to be used, or adapted for causing, or aiding 
in causing, any explosion in or with any explosivc 
substance ; 
‘ means of coriveyance ’ means any aircraft, animal, 
carriage, vessel, railwav waggon, bicycle, motor vehicle 
of any description or any other vehicle used for the 
purpose of conveyance of persons or goods ; 
‘ offensive weapon ’ means any article made or 
CRIMINAL PROCEDURE. [CAP. 155. 19 
___ 
adapted for use for causing injury to the person, or 
intended by the person having it with him for such 
use by him. 
7. Where a Judge is satisfied by information upon 
oath that there is reasonable ground for believing that there 
is in any place- 
(a) anything upon or in respect of which any offence 
has been or is supected to have been com- 
mitted; or 
(b) anything which there is reasonable ground for 
believing will afford evidence as to the corn- 
mission of any offence ; or 
(c) anything which there is reasonable ground for 
believing is intended to be used for the purpose 
of committing any offence, 
the Judge may at any time issue a warrant (in this Law 
referred to as '' a search warrant '')I authorising the person 
therein named- 
(a) to search such place for any such thing and to 
seize and carry such thing before the Court 
out of which the search warrant is issued or 
some other Court to be dealt with according 
to law; and 
(ii) to apprehend and bring before a Judge the occupier 
of the house or place where the thing is found 
or any person in or about such house or place 
being in possession of such thing, if the Judge 
thinks fit so to direct in the warrant. 
28. (1) Every search warrant shall be under the hand of Forill alld 
the Judge issuing the same and shall bear the date of issue searcl1 
(2) Every such warrant shall normally be directed 
generally to all police officers; but any Judge 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 and, when such 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. 
(3) Every such warrant shall remain in force until it is 
executed or until it is cancelled by a Judge. duration of 
warrant. 
2(2) 
CAP. 155.1 CRIiWINAL PKOCEDUKL. 
L - -- ‘20 
Execut*on Of 
warrant. 29. (1) A search warrant may be issued and executed on 
any day including a Sunday or public holiday. It shall be 
executed between the hours of five o‘clock in the forenoon 
and eight o’clock at night, but the Judge may, in his des- 
cretion, authorise the execution of the warrant at any hour. 
(2) Where a Judge authorises the execution of a search 
warrant at any hour other than between the hours of five 
o’clock in the forenoon and eight o’clock at night, siicli 
authorisation may be contained in the warrant at the 
time of issue or may be endorsed thereon by any Judge 
at any time thereafter prior to its execution. search 
closed Ingress place. to 30. (3) Whenever any place liable to search is closed, 
every person rcsiding in or being in charge of such ylacc~ 
shall, on the demand of the police officer or other persoil 
having authority to search, allow such officu or per~)n 
free ingress thereto ancl aftorcl all reasona1,lc facili tics 
for a search therein. 
(2) If ingress into sucli placc cannot bc bo obtaiiictl, 
the police officer or otlier permn having autliority to 
search may proceed in the manner prcscril)etl 1,. subscction 
(2) of section 11 of this Law. 
(3) When any person in or about siicli place is reasonahl\~ 
suspectecl of concealing about his per sou aiiy ai tic.It1 fo.1 
which search should be madc, such per son may‘ he 
If the person to be searclled is a woman slle shall lw searclit.ct 
by a woman and may be taken to a police station for tliat 
purpose. 
Diacharg~ (Jf 31. If the vccupier of any place in Wllkh, or tlie lwisoil 
occupier or in whose possession, anything namecl in a search warrant 
other person. is found is brought before a Judge and tlle Judgc is 11t1t 
satisfied that such occupier or person has committed an 
offence, he shall fortliwitli be discliargtd by such Judgct. 
32. (1) When, upon the execution of a search warrant, 
anything is seized and brought before any Judge, as in 
section 27 of this Law provided, such thing, subject to 
subsection (2) of this section, may be detained by such 
person as the Judge may direct, reasonable care being 
always taken, for its preservation until the conclusion 
of any criminal proceedings which may be had in respect 
thereof. 
(2) Where anything seized under a search warrant 
and brought before a Judge is of a perishable or noxious suspected 
or 
disposal of 
things 
seized 
under ‘search 
warrant. 
CI2IMIN A L PROC ED [IRE. [CAP. 155. 21 
____. ..____ 
nature, such thing niay be disposed of forthwith in such 
manner as the Judge may direct. 
(3) If the Judge is of opinion tliat anything seized 
under a search warrant is no longer required for any 
criminal proceedings, he shall, unless lie is authorised 
or required by this or any other Law to dispose of it 
otherwise, direct - 
(.) that the thing or any part thereof be restored 
to the person who appears to the Judge to 
be entitled thereto and, if he be the person 
charged, that it be restored either to him 
or to such other person as the person charged 
may direct ; or 
(0) tliat, if such thing belongs to tlie person charged, 
sucli thing or any part tliereof be applied to the 
payintwt of all\. c-osts or compen5ation directed 
to be paid by-flic Iwrson charged. 
33. If, on searching a place under a lvarrant, the person ~;~;~;~ot 
authorised to rnake such search shall find property not mentionr(t 
mentioned in the n.nrrant but in respect of which there Ed:;nt 
is reasonable groiirid to believe that an offence has been 
or is intencled to I)c coniniitted, he may seize such property 
and take it bcfore the Judge issuing the wvkrrant, who 
may makc such 01 dt~ concerning the detention or disposal 
of tlie property as to hiin niav seem fit. 
34. If, undt1r .iny search nairant, tlieie is bioui$it 1 'one1 ut Judge as tl) before a Judge any document or thing tlie use or possession <lot ument-. 
of wliich is iinlawful, the Judge may, in the absence of ;>::;:t;n 
some lawful excuse to be proved by the person in possession of which ,, 
thereof, cause such document or thing to be impounded, 
defaced or destroyed notwithstanding that no person 
is prosecuted in respcct thereof. 
PART 111. 
PK~C;EEI)INGS IN PROSECUTIONS. 
Preliminary. 
35. A person who has been once tried by a Court of Persons 
competent jurisdiction for an ofience and conlricted or acquitted 
acquitted of such offence shall not, while such conviction not to be 
or acquittal remains in force, be liable to be tried again forsame convicted or 
tried again 
offence on the: same facts for the same offence. 
22 CAP. 155.1 CRIMINAL PROCEDURE. 
not to remedy be 
wspended. 36. Subject to the provisions of any other Law no 
civil remedy which any person may have against any 
other person for any act or omission shall be suspended 
or in any way affected by the fact that such act or omission 
amounts to an offence. 
Commencement of criminal proceedings and PYocess to 
conzfiel appeurance. 
ment by 37. Subject to the provisions of any other Law, criminal 
charge proceedings against any person shall commence by a 
I or111 l)f 38. Every charge shall be in the prescribed form; 
it shall be signed by or on behalf of the person preferring 
the same and \diere a charge is preferred by a Department 
such charge shall be signed bv a representative of the 
Ylepartrnent ; it shall state the-name of the Court before 
which the siimmarji trial or preliminary inquiry is to 
take place and \hall dso contain the following particulars : - 
(0) the namc and description of the accused as known 
th the prosecution which shall be reasonably 
siifficient to identify him ; 
(h) tlie offence or offences with which the accused 
is chargecl containing the particulars set out 
in section 3’) of this Law. charge preferred before a Court against such person. 
charge 
regartling Pro\ iw)n~ 39. Thc folloving pi o\.isions shall apply to all charges 
tile framing and, notwithstanding any Law or rule of practice, a charge 
ot c1iargc.s. shall, subject to the provisions of this I,aw, not be open to 
objection in respect of its form or contents if it is framed 
in accordance with the provisions of this Law- 
(a) a statement of the offence in a charge, or where 
more than one offence is charged of each offence 
so charged, shall be set out in the charge in 
a separate paragraph called a count ; 
(h) where a charge contains more than one count, the 
counts shall be numbered consecutively ; 
(c) the count in a charge shall describe tlie offence 
with which the accused is charged shortly in 
ordinary language, avoiding as far as possible 
tlie use of technical terms and without neces- 
sarily stating all the essential elements of the 
offence and it shall contain a reference to the 
section of the enactment creating the offence. 
CRIIIlINAL PROCEDURE. [CAP. 155. 
When an offence consists of something which is 
forbidden by the joint effect of more enactments 
than one, the charge shall contain a reference 
to both such enactments and if the offence is 
defined by one enactment and punishment 
is provided for it by another enactment reference 
shall also be made to the enactment by which 
punishment is provided ; 
(d) where an enactment constituting an offence states 
the offence to be the doing or the omission to 
do any one of different acts in the alternative, 
or the doing or the omission to do any act in 
any one of different capacities, or with any one 
of different intentions, or states any part of the 
offence in the alternative, the acts, omissions, 
capacities or intentions, or other matters con- 
stituting the alternative in the enactment may 
be stated in the alternative in the count charging 
the offence ; 
(e) it shall not be necessary, in any count charging an 
offence, to negative any exception or exemption 
from, or proviso or qualification to, the operation 
of the enactment creating the offence ; 
(f) if the offence charged consists in doing anything 
wit!i or to any property, except where required 
for” the purpose of describing an offence de- 
pending on any special ownership of propertv 
or special value of property, it shall not 1); 
necessary to state that the property belongs 
to any particular person, and whether such 
statement is made or not, it shall be sufficient 
for the prosecution to prove such facts as to 
ownership as to show that the accused com- 
mitted the offence with which he was charged ; 
(g) no greater certainty or detail of statement as to 
documents, facts, things, persons, places, time 
or any other subject whatever shall be necessary 
or shall be used in the charge than is reasonably 
sufficient for the purpose of giving the accused 
notice thereof. 
Facts or documents may be scheduled and 
copies thereof may be attached to the charge 
if such a course is convenient ; - - 
I 23 
24 CAP. 155.1 CRIMINAL PROCEDURIi. __ ___--. - - __ __ - 
(11) it sliall not be necessary in stating any intent to 
defraud, deceive or injure to state an intent to 
defraud, deceive or injure any particular person, 
the enactment creating the offence makes 
an intent to defraud, deceive or injure a 
particular person an essential ingredient of the 
ofience ; 
(i) lvliere the accused is charged with criminal breach 
of trust, fraudulent appropriation of property, 
fraudulent falsification of accounts, fraudulent 
con1 eisiori or with corruption or abusc of office, 
it \liall be sufficient to specify the gross sum 
in rtyxct of which the ofteiice is alleged to 
11‘~\ c lieen committed and the dates between 
\\ liicli tlic ~HCIICC is alleged to have been 
c ( 11 11 mi t t ecl 1% it 11 ()Lit s pcci f !Tin g part i cu 1 a r it erns 
01 csact clatcs , 
(,I, v lierc> a previous conviction of an o&ence is cliarged 
it k,liall lie charged at the end of the count by. 
!neaiis of a statement that thi. accused person 
liai; lwvn previously convicted of that offence 
at a certain time and place iritlwiit \tating the 
pili ticiilars of thc oftcnce 
I’ro1-itletl that no cl1 ror in \tatin8 tliv ofience or tlir. 
prticiilar\ I-cqiiired to tw statctl in the charge shall be 
rt’gurclcd at any \tqy of til(. cav as non-compliance U itli the 
provisions of this TAW unless, in the opinion of the Court, 
tlic acciiscd lraq in fact misl(~1 l>\~ wc-h CTOI. 
40. (1) Alnj, numbcr of counts either for tlie same ofienct. 
chdrges an(1 or for different offences niay be included in tlie same charge 
and the Court niav either convict or acquit tlie accused 
generally upon the whole charge or convict him upon one 
or sonic and acquit him upon other counts. 
(2) If different counts relate to different facts and if the 
Court thinks it conducive to the end of justice to do so, 
it may, at any stage of the proceedings, direct that the 
acciiseti SMI !)e tried scpxratclv iipon anv one or more of 
SllCll co11nts. 
(3) If tlic Court convicts tlic accused generally on the 
wliolc cli;lrgc, the legal vffcct of such conviction sliall be 
to con\Tict him on (:ach of the counts contained therein and 
tlic Court may, tlierci-ipon, pass upon him tlie same sentence Joinder I 11 
coilnt5 in 
power< of 
Court 
43. (1) Every charge shall be presentcd to a Judge of the l'reae11tatloll 
(2) The Judge may, after perusal of the charge, direct 
that the same shall he filed or, if he rcfuses to give such 
dircction, he shall, if so requested within ten days from tlie 
date of the refusal by the person preferring the charge, 
give to hiin a certificate of such refusal and sucli person Inay, 
within ten days from the date of obtaining the certificate, 
apply to the Sixpreine Court or to a ~uc~gc of the Supreme 
Court for an order directing the filing of the charge and, 
if such an order is made, tIw chargv shall 1)c iiled 
according-lv. of Lharge to 
Judge arid Court in which'the charge is preferred. 
2G CAP. 155.1 CRIMINAL PROCEDURE. 
Summons or 
warrant for 
compelling 
R t tendanre. 
I;im~s and 
I ontents cvf 
.111111111 Illsez. 
G of 6/53 44. (1) At any time after the filing of the charge, a 
Judge may issue either a summons or a warrant to compel 
the attendance of the accused before the Court either for 
a summary trial or for a preliminary inquiry, as the case may 
be : 
Provided that no warrant shall be issued except for some 
special reason to be recorded by the Judge and to be sup- 
ported by an oath or unless the accused failed to appear 
in response to a summons already issued and proved to 
have been duly served. 
(2) The provisions of sections 18, 19, 20, 21 and 22 of this 
Law shall apply mutatis mnlrtandis to every warrant issued 
under this section. 
45. (1) Every summons issued by a Judge under this I 
Law sl~all be in the prescribed form ; it shall be signed by 
a Judge or an officer of the Court out of which it is issued 
and shall be directed to the accused requiring him to appear 
before the Court at such time and place as therein mentioned 
and it shall state shortly the offence or offences with which 
the person against whom it is issued is charged : 
Provided that a Judge or, in such classes of offences as 
the President of the District Court may by general order 
direct, a Registrar, may, by special direction in the sum- 
mons, dispense with the personal attendance of the accused, 
and- 
(a) permit him to appear and plead by an advocate, 
in which case such accused may so appear and 
plead ; 
(6) permit him, if he desires to plead guilty, to send in 
such plea duly certified and sealed by a mukhtar 
together with the summons in respect of which 
the plea is made, in which case such plea shall 
be treated as a plea of guilty for the purposes 
of the proceedings : 
Providyd further that the Judge, notwithstanding any 
such special direction, may, at any stage of the proceedings, 
order the personal attendance of the accused. 
(2) No irregularity, defect or error in the issue, the form or 
the substance of the summons shall invalidate it or any 
siihsequcnt proceedings thereundcr. 
--c 
('KIMINAL PROCEDURE. [CAP. 155. 25 
~. __ - 
46. (1) Every summons may be served anywhere in the Service of 
Colony by a police officer or by an officer of the Court out 2 55/54. 
of which it is issued or by such other person as the Court 
may direct and- 
(a) if the accused is an individual, it shall be served 
either by delivering it to him personally or 
by leaving it with some adult person living 
with him or being in charge of the place in 
which he resides or of the place of his business 
or occupation ; 
(b) if the person to be served is a firm or corporation, 
it shall be served by leaving the same at the 
principal place of business in the Colony of the 
firm or corporation or by delivering it- summons. 
(i) to one of the partners ; 
(ii) to a director ; 
(iii) to the secretary ; 
(iv) to the main agent within the jurisdiction ; 
or 
(v) to anyone having, at the time of service 
control of the business of the firm or 
corporation. 
(2) Service of every summons shall be proved either 
orally by the person who has effected the same 0r by the 
affidavit of suck person. 
Provisiom relating generally to all trials, stttnmnry and 
on in formation, and preliminary iquiries. 
47. Every Court, subject to the powers of adjourning the on trial. 
hearing of cases as in this Law provided, shall, upon the acquitor 
trial of any person, either acquit him and thereupon convict. 
discharge him or convict him and impose on him such 
punishment as may be provided by the enactment under 
which he is convicted and as the circumstances of the case 
may require : 
Provided that, if a person is acquitted on the ground of 
insanity under the provisions of this Law, the Court shall 
direct him to be detained during the pleasure of the Governor 
as in this Law provided. Court to 
4.8. Every Court may, if it thinks fit, adjourn any case Wourn- 
before it and upon such adjournment may, subject to the remandin 
provisions of subsection (2) of section 157 of this Law, custody. ment and 
28 CAP. 155.1 CRIiVIINAL PROCEDURE. 
either release the accused on such terms as it may consider 
reasonable or remand him in custody : 
Provided that in a summary trial or a preliminary 
inquiry, no such remand shall be for more than eight days 
at any one time, the day following the adjournment being 
counted as the first day. 
Couzpelling attendance and examination of witnesses. 
Issue of 49. (1) If in any criminal proceedings the Court is 
w,tne5\ satisfied that any person is likely to give material evidence 
for the prosecution or for the defence, the Court may issue 
a summons to such person requiring him to attend before the 
Court at a time and place to be mentioned therein, to give 
evidence respecting the case and to bring with him any 
specified document or thing and any other document or 
thing relating to the case which mav be in liis possessio11 
or power or under his control : 
I’rovided that, if the Court is satisfied by-proof upon oatli 
that any person likely to give material. evidence will not 
attend to-give evidence on a summons then, instead of 
issuing a summons, it may issue a warrant in the first 
instance for the apprehension of such person : 
Provided further that any person present in Court and 
compellable as a witness, xbvhether a party or not in the 
proceedings, may be compelled by the Court to give evidence 
and produce any document or. thing in his possessio11 or 
in his power, in the same manner and subject to tht. same 
rules as if he had been summoned to attend and give evi- 
dence or to produce such document or thing and may he 
punished in like manner for an!’ refusal to obey the order 
of the Court. 
(2) If the prosecutor is not a public officer no person to 
whom a summons is addressed shall be bound to attend 
unless his reasonable travelling and subsistence expenses are 
tendered to him or deposited with the Registrar of the 
Court out of which such summons is issued, a note thereof 
being made on the summons. 
(3) The provisions of section 46 of this Law shall apply 
mutatis mutandis to the service of a siimmons for witness 
iinder this section. wmnions fcm 
50. (1) If ;I summons to a witness is disobeyed without 
lawful excuse, on proof of service of the summons, a warrant \.Vari.int 101- 
witness 
CRIMINAL l’IIOCliDI/’h’L. [CAY. 155. 29 
of arrest may be issued to co1npt.1 tlic appearance of the 
person summoned. 
(2) The provisions of scctions 18, 19, 20, 21 and 22 of this 
Law shall apply mutatis 111 rdaTzdis to every warrant issued 
to compel the attendance of a witness under this section. 
51. Every witness who is present when the hearing of a \\*itness tu 
case is adjourned or who has been notified by the Court or ~~~~ned 
an officer of the Court of the time and place to which such hearing. 
hearing is so adjourned, shall, without further notice, be 
bound to attend at such time and place and, in default of so 
doing, may be dealt with in the same manner as if he had 
refused or neglected to attend before the Court in obedience 
to a summons to attend and give elridence. 
52. Any person suminoned to attend as a Lvitness ivho, Penalty for 
witness without lawful excuse, fails to attend as required by a lefusing 
siinimons duly served or \vho, having attended departs with- attend. 
out having obtained the perniission of the Court or, having 
been duly notified of the time and place of an adjourned 
hearing fails to attend at such adjourned hearing, shall be 
liable to imprisonment not exceeding tjvo months or to 
a fine not exceeding twenty pounds or to both and shall, 
in addition, be ordered to pay all costs occasioned IIV his 
failure to attend :’ 
Provided thit no person shall be prosecuted for any 
offence under this section, except by the order of the Couit 
made during the hearing of the case for which the evidence 
of the witness is required. 
53. \&‘lienever any person confined in any prison or Sun1111onlnx 
institution or otherwise in custody is required to give evi- as witness. 
dence, the Court or any Judge thereof may issue an order 
requiring the officer in charge of such person to bring him 
in proper custody before the Court at a time to be named 
in the order and such officer, on receipt of such order, 
shall1 act in accordance therewith ad shall provide for 
the safe custody of such person during his absence from the 
place in which he was confined or kept. prisoner,etc., 
54. The Court, at any stage of the proceedings, may call f’0wrrtii 
any person as a witness or re-call and further examine re-call 
any person alreadq examined and the Court may examine witnesses 
or re-call and furtier examine any such person if his evi- call or 
30 CAP. 155.1 CRIMINAL PROCEDURE. 
dence appears to the Court to be essential to the just 
determination of the case. 
witness to Of be 
on oath or 
affirmation 55. (1) Every witness shall in criminal proceedings be 
examined upon oath and the Court before which any witness 
shall appear shall have full power and authority to ad- 
minister such oath as is customarily administered to persons 
of the creed or faith of the witness : 
Provided that any person, upon objecting to be sworn 
and stating as the ground of such objection either that he 
has no religious belief or that the taking of an oath is 
contrary to his religious belief (the fact to be recorded on 
the minutes of the proceedings), shall, instead of taking 
an oath, be permitted to make an affirmation by soleninly 
promising and declaring that the evidence to be given 
hy him to the Court shall be the truth, the whole truth 
and nothing but the truth and such affirmation slid1 be 
of the same force and effect as if he had taken the oath : 
Provided further that the Court may examine without 
oath any child oi tender years who does not, in the opinion 
oi the Court, understand the na,ture of an oath (the fact 
to be recorded on the minutes of the proceedings). 
(2) Where an oath has been duly administered and taken, 
the fact that the person to whom the same was administeret1 
had, at the time of taking such oath, no religious belief or 
the taking of the oath was contrary to his religious belief 
shall not for any purpose affect the validity of suclt oath. - 
CRIMINAL PROCEDURE. [CAP. 155. 31 
as in this section provided shall be conducted by such 
advocate. 
57. In any criminal proceedings where more than one cross- 
examination 
of witnesses accused is charged at the same time- 
(.) each accused shall be allowed to cross-examine a ''Tc'z;d. 
witness called by the prosecution before the 
witness is re-examined ; 
(b) if a witness called by one accused in giving evi- 
dence incriminates another co-accused, such 
witness mzy be cross-examined by such co- 
accused and, if so cross-examined, such cross- 
examination shall take place before cross- 
examination by the prosecution. 
58. (I) Whenever any person, appearirig either in Iieiractory witnesses. obedience to a summons or by virtue of a warrant, or being 
present in Court and being required by the Court to give 
evidence- 
(a) refuses to be sworn or makc affirmation ; or 
(b) having been sworn or made affirmation, refuses to 
answer any question put to him ; or 
(c) refuses or neglects to produce any document or 
thing which lie is required to produce ; or 
(dj refiws in a preliminary inquiry to sign his deposi- 
tion, witlioiit in any sue11 case offering any excuse to the 
\atisfaction of the 'Court, ioi- such refusal or neglect, the 
Coiirt mav, by .~lrarrant, commit such person to prison, 
unless lie soon~r consents to do what is required of him. 
(2) If such person, upon being brought before the Court, 
again rcfuscs to do what is required of him, the Court may, 
if it sees fit, agairn comniii Ililiii and so again from time to 
time until such person consents to do what is so required 
of llirn. 
(3) Any person committed to prison under the provisions 
of this section may appeal io the Supreme Court and the 
provisions of this Law relating to appeals to the Supreme 
Court by persons convicted by a District Court shall apply 
wmtatis mutandis to a witness committed to prison under this 
section. 
(4) Nothing herein contained shall affect the liability of 
any such person to my other punishment or proceeding for 
refusing or neglecting to do what is SO required of him, 
or shall prevent the Court from disposing of 11~~ case iri tlic 
meantime according to any o thcr sufficient cbvitleiice talicii 
before it. 
1 ) II IIIIJ 59. (1) X witnebs wlio is unable to speak iiiiig. take tlicb 
oath or affirm and may gi1.e his evidence ill aiiy manner iri wit n ew-, 
which lie can make it -inielligible, such as by &ting 01- bi' 
signs ; but such writing must be written, ant1 the \ips 
made, in open Court. 
(2) Icvidence so given shall be deemed to be oral evidciicti. 
Cmrtlll*v 60. Where dny person aypeais befoie the Court 011 
of tllr summons, recognisance or by 'i irtue of a ivarraiit to give 
L(JS~\ and evidence either on behalf of the prosecution or on behalf 
,-,tries, of the accused, tlie Court nu\, at any stclgv of the pio- 
reedings, order yaymcnt ot c,ucli CWI\ and ex~)eiiie\ of \uc.lr 
witness together tvitli comp~~is~t ion foi his t I oublc alitl 
Io<s of time, a\ niay 1~ presc1il)etl I irder pay- 
rupense\ 01 
I aklng 
c,JI,IIIIIcI,,OII. it appears ncce 61. Anj' COUI t ilia\ , iii dii) c~i-iiiimcil pioc ct~liiigs in \\ Iiicli 
11-y for tl1e purpobc' of ]"btlt'c' to CIO so, 
make any order for- the taking of evidence 011 oath Ixforc 
;~ny officer of tlicl Co1ii-t or an). other pt'rwii or person\ aiicl 
at 'any place wit~iin or wit~ioiit the ~olonj., of anjr witness 
or perscm, arid may order anj7 evidence- so taken to be 
filed in the Court and m,t! cni~x)wc~r eitlici tlic piOwxtor 
or th? accused to produce bud1 evidence on 5uch terms ds 
sucll Court ma\. dircct. An appeal shall lie froni any order 
1nadc under this section to tlie Suprenit. Court and shall 
be bought by notice of appeal given to the Chief Registrar 
and to the other party within ten days froni the date of tlie 
(order and the Supreme Court may wt asitlr-1, coniirin or 
amend such order. witlrnw 11) 
Geiiernl-~ro?)isioizs as to $leiis nizd pvoceditre in dl 
trials, suviwiry and oji in formatioi?. 
t-'le*dw to 62. The person to be tried upon any charge or information 
Inforli>atloii. shall, when present, be placed before the Court unfettered 
unless the Court shall otherwise order and the cliarge or 
information shall he read over to him bp thc J~idgc or othcr 
officer 01 the Court, \~ho niay if necc~ssar'\i csplain to hiin 
the inatter and contents thereof, arid such person shall be 
called upon to plead instantly thereto : diaige or 
CRIMINAL PROCEDURE. [CAP. 155. 33 
Provided that the accused may, before pleading, apply to 
be supplied with a copy of the charge or information and 
the Court shall cause him to be supplied with such copy or 
he may apply for further time to plead and the Court may 
dlow such further time on such terms as it may think fit. 
63. (1) The accused shall be entitled to be present at the Presence of 
Court during the whole of the trial so long as he conducts during trial. 
himself properly. 
(2) If an accused does not conduct himself properly, the 
Court may, in its discretion, direct him to be removed and 
kept in custody and proceed with the trial in his absence 
making such provision as in its discretion appears sufficient 
for his being informed of what passed at the trial and for 
the making of his defence. 
(3) The Court may, if it thinks proper, permit the accused 
to he out of Court during the whole or any part of the trial, 
on such terms as it may think fit. 
upon a charge or information or on the hearing of an appeal by Court. 
from a judgment of an Assize Court, may assign an advocate a of6/53 
to defend the accused or the appellant, as the case may be, 
if the gravity, difficulty or other circumstances of the case 
make it desirable in the interests of justice ; and the Court 
shall assign an advocate to defend any undefended person 
to be tried for an offence punishable with death. 
(2) An advocate assigned by the Court shall receive 
out of the public funds of the Colony such honorarium as the 
Court, subject to the genelal direction of the Chief Justice, 
may allow. accused 
64. (1) The Court, before which an accused is to be tried ::$;;;:: 
45. (1) Whenever any evidence is given in a language not ~~a%~~~~- 
understood by the accused, and he k present in person. .3.$,lde:t,eto 
it shall be interpreted to him in open Court in a language ~cused 
which he understands : 
Provided that when he is defended by a~” advocate 
interpretation may, with the coxiselit of the advocate ai~d 
the approval of the Court, he dispensed wlh. 
(2) When documents are put in for the purpose of formal 
proof, it shall be in the discretion of the Court to have 
interpreted as much thereof as appears necessary. 
(3) The Court may test in such manner as it may think 
fit the ability of the interpreter and may administer to him tAon o! 
U.-lBB 
34 CAP. 155.1 CRIMINAL PliOCEDUIiE. 
Objection to 
charge or 
information. 
Pleas by 
accused. 
Plea of 
guilty or 
not guilty. such oath, as it may think fit, that lie will well and truly 
carry out the interpretation. 
66. Any objection to a charge or information for any 
formal defect on the face thereof shall be taken immediately 
after the charge or information has been read over to the 
accused and before he pleads thereto but not later. 
67. When the accused is called upon to plead, he may 
plead guilty or not guilty or any such special plea as is 
specified in section 69 of this Law and his plea shall be 
recorded by the Court. 
68. (1) If the accused pleads guilty and the Court is 
satisfied that he uiiderstood the nature of his plea, the Court 
shall proceed as if the accused had becm convicted by the 
judgment of the Court. 
(2) If the accused pleads not guilty, the Court shall 
proceed with the hearing of the case ill the manner in 
section 74 of this Law provided. 
(3) If thk accused refuses, or nil1 not aiiswer directly, or 
by reason of physical infirmit). is unable, to plead, the Court 
shall proceed in the same manner as if lie had pleaded not 
guilty. 
Special pleas. 69. (1) The accused niay, Iwfore plvacling to the chaige 
(a) that the Court before which he is called upon 
to plead has not and that sonie other Court has 
jurisdiction wer him or over the oft’ence with 
which he is charged, and, if the plea is sustained, 
the Court shall send the case to be tried before 
the Court in the Colony which has jurisdiction 
over the offender or over the offence ; 
(b) that he has been previously convicted or acquitted, 
,as the case may he, on the same facts for the 
same offence ; 
(e) that he has obtained a pardon for his offence. 
(2) PP eidher of the pleas in paragraph (b) or (c) of sub- 
section (1) of this section is pleaded and denied to be true 
in fact, the Court shc:t try whether such plea is true in 
fact or not. or information, plead-- 
- 
CRIMINAL PROCEDURE. [CAP. 155. 35 
If the Court holds that the facts alleged by the accused 
do not prove the plea, or if they find that it is false in fact, 
the accused shall be required to plead to the charge or 
information. 
70. (1) If any person, when called upon to plead, appears Insanity of 
accused. to be insane and incapable of following the proceedings, 
the Court shall direct such inquiry as it thinks fit to be made 
with a view to ascertaining whether he is so insane and in- 
capable, and, if upon such inquiry the Court is of opinion 
that he is so insane and incapable, the Court shall direct him 
to be detained during the pleasure of the Governor. 
(2) If after trial any person is acquitted on the ground 
of insanity the Court shall direct him to be detained during 
the pleasure of the Governor and in every such case, the 
finding shall state specifically that the accused had com- 
mitted the act or omission constituting the offence but that 
he is acquitted on the ground of insanity. 
(3) The Governor may, from time to time, give such 
directions as he thinks fit as to the custody of any person 
directed to be detained as in this section provided. , 
71. (1) Where an accused person is charged with having L’?iaa(iw zc,aIgY ill previously been convicted, he shall not, when called upon pna.vlows 
to plead, be required to plead to any statement charging tjn\Ictloi1 
him with having been previously convicted except at the 
end of the trial and only if he had pleaded guilty to, on 
was fcmd guilty on, the rest oh the count containing such 
statement. 
(2) Where a person may properly be required to plead 
to a statement charging him with a previous con.i-ictioir, 
he shall be asked if he has been previously convicted 
as alleged and, if he admits that he has been previouslg. 
so convicted, the Court may proceed to sentence him but, 
if he denies that he has been previously so convicted 
or stands mute of malice or does not answer directly such 
question, the Court shall inquire concerning such previous 
conviction and proceed to pass sentence as the circ~arnstancc.~ 
of the case may require. 
‘72. (1) Where the accused is a csrporativm such cor- and 14tXd \w 
poration may appear and plead to a charge or information, ~~~~Tc~l~~tl~F. 
by its representative, by entering a plea in writing ; and, 
if either the corporation does not appear by representative 
or, though it does so appeax, fails to enter any plea, the 
$:OB 
CAP. 155.1 CRIMINAL PROCEDURE. 
Court shd cause a plea of not guilty to be recorded and 
the trial shall proceed accordingly. 
(2) In this section the expression '' representative " 
in relation to a corporation means a person duly appointed 
by the corporation to represent it for the purpose of doing 
any act or thing which the representative of a corporation 
is by this section authorised to do but a person so appointed 
shall not, by virtue only of being so appointed, be qualified 
to act on hehalf of the Corporation before any Court for 
any other purpose. 
A representative for the purposes of this section need not 
be appointed wider the seal of the corporation and a 
statement ir; wiiLing purporting to be signed by a managing 
director of the corporation or by any person, by whatever 
name called, having, or being one of the persons having, 
the management of the affairs of the corporation to the 
effect that the person named in the statement has been 
appointed as the representative of the corporation for the 
purposes of this section shall be admissible without further 
proof as prima facie evidence that that person has been 
so appointed. - - -- _- 36 
~ 
I 
Witnesses 
court during direct that all witnesses shall leave the Court : 
hearing. Provided that- 73. If the accused pleads not guilty, the Court shall to leave the 
(a) the Court may permit professional and technical 
(b) failure to comply with the provisions of this section witnesses to remain in Court ; and 
shall not invalidate the proceedings. 
IrIearingof 74. (1) After the witnesses have left the Court as in 
section 73 of this Law provided, the Court shall proceed 
to hear the case in the manner following :-- 
he prosecutor or the advocate for the prosecution 
roceed to call the witnesses and adduce 
such other evidence as may be adduced in 
support of the case for the prosecution ; 
(b) at the close: of the case for the prosecution, the 
accused or his advocate may submit that a 
p~ima facie case has not been made out against 
the accused sufficiently to require him to make 
la defence zz..,,', if the Court sustains the submis- 
sion, it shall iiequit the accused ; the case. 
CRIMINAL PROCEDURE. [CAP. 155. 37 
(c) at the close of the case of the prosecution, if it 
appears to the Court that a prima facie case is 
made out against the accused sufficiently to 
require him to make a defence, the Court shall 
call upon him for his defence and shall inform him 
that he may make a statement, without being 
sworn, from the place where he then is, in 
which case he will not be liable to cross-examina- 
tion or give evidence in the witness box, after 
being sworn as a witness, in which case he will 
be liable to cross-examination as a witness ; 
(d) after the accused has made a statement or has 
given evidence as hereinbefore provided, he 
may call any witness or other evidence he has 
to adduce in his defence ; 
(e) if the accused adduces in his defence new matter 
which the prosecution could not have foreseen, 
the prosecutor or the advocate for the prose- 
cution may, with the leave of the Court, adduce 
evidence to rebut such new matter. 
(2) At every trial, the prosecutor and accused or their 
respective advocates may open their case and, at the con- 
clusion of the trial, the party who has last called a witness 
may address the Court and the other party may then address 
the Court in reply : 
Provided that, when a Law Officer appears for the 
prosecution, such officer shall have a right of reply in all 
cases. 
75. Where more persons than one are tried together, the F'Z;~: 
Court may regulate the procedure to be followed at the morepefions 
hearing in any way which may appear desirable and which than one. 
is not inconsistent with the provisions of this Law. 
76. Where, during or upon a joint trial, one of the accused ::gination 
gives evidence under section 74 (c) of this Law and, in so by 
doing, incriminates one of his colaccused, such co-accused accused 
shall be entitled to cross-examine him and such cross- 
examination shall take place before cross-examination by 
the prosecution. 
77. (1) At the conclusion of the hearing the Court shall Acquittalor conviction. consider the whole case and deliver its judgment and, for 
this purpose, may adjourn the trial. 
38 CAP. 155.1 CRIMINAL PROCEDURE. 
hllocutus. 
Motion in 
arrest of 
judgment. 
. Sentence. (2) When the Court consists of more than one Judge, 
unless a majority of the Court considers the accused guilty, 
he shall be acquitted. 
(3) If the accused is found guilty the Court shall convict 
him and, subject to the provisions of sections 78 and '79 of 
this Law, proceed to consider what sentence shall be imposed 
upon him. 
In deciding what sentence shaUqbe imposed, in case the 
Court consists of more than one Judge and there is an 
equality of votes, the president of the Court shall have an 
additional or casting vote. 
(4) If the Court acquits the accused, he shall be im- 
mediately discharged from custody unless he is acquitted 
on the grounds of insanity. 
78. If the Court finds the accused guilty or if the accused 
person pleads guilty, it shall be the duty of the Judge or 
other officer of the Court to ask him whether he has any- 
thing to say why sentence should not be passed upon him 
according to law, but the omission so to ask him shall have 
no effect on the validity of the proceedings. 
79. (1) The accused may, at any time before sentence, 
whether on his plea of guilty or otherwise, move in arrest 
of judgment on the ground that the charge or information 
does not, after any alteration which the Court is willing 
to and has power to make, state any offence which the 
Court has power to try. 
(2) The Court may, in its discretion, either hear and 
determine the matter during the same sitting, or adjourn 
the hearing thereof to a future time to be fixed for that 
purpose. 
(3) If the Court decides in favour of the accused, he shall 
be discharged from that charge or information. 
80. If the Court decides against the accused on a motion 
in arrest of judgment or if the accused, after having been 
asked as in section 78 of this Law provided, has nothing 
to say or after hearing what he has to say the Court is of 
opinion that sentence should nevertheless be passed upon 
him, the Court may either proceed to pass sentence upon 
him according to law or may postpone the passing of such 
sentence to a future time. 
CRIMINAL PROCEDURE. [CAP. 155. 39 
Outstanding 
offences. 81. (1) Where in any criminal proceedings instituted by 
or on behalf of a public officer the accused is found guilty of 
an offence, the Court, in determining and in passing 
sentence, may, with the consent of the prosecutor and the 
accused, take into consideration any other outstanding 
offence or offences which the accused admits to have 
committed : 
Srovided that, if any criminal proceedings are pending 
in respect of any such outstanding offence or offences and 
such proceedings were not instituted by or on behalf of a 
public officer, the Court shall first be satisfied that the 
prosecutor in such proceedings consents to that course. 
section and an outstanding offence is taken into considera- 
tion, the Court shall enter or cause an entry to that effect 
to be made on the record and upon sentence being pro- 
nounced the accused shall not, unless the conviction which 
has been had is set aside, be liable to be charged or tried 
in respect of any such offence so taken into consideration. I (2) Wha consent is grven as in subsection (1) of this 
82. No variance between the facts proved at the trial Variances. 
and the statement of the offence in the charge or informa- 
tion shall affect the validity of the proceedings unless the 
Court considers that the accused has thereby been actually 
misled and prejudiced in his defence, in which case the 
Court may, on the application of the accused, adjourn the 
trial and allow any witness to be recalled and such questions 
to be put to him as, by reason of the terms of the charge 
or information, may have been omitted. 
83. (1) Where, at any stage of a trial, it appears to the Alterationof defective 
Court that the charge or information is defective, either in chargeor 
substance or in form, the Court may make such order for information. 
the alteration of the charge or information either by way 
of amendment of the charge or 'information or by the 
substitution or addition of a new count thereon as the 
Court thinks necessary to meet the circumstances of the 
case. 
(2) Where a charge or information is so altered, a note 
of the order for the alteration shall be made on the charge 
or information and the charge or information shall be 
treated for the purpose of all proceedings in connection 
therewith a5 having been filed in the altered form. - 
40 CAP. 155.1 CRIMINAL PROCEDURE. 
procedure on 84. (1) When a charge or information is altered as-in 
charge or section 83 provided, the Court shall forthwith call upon the 
information. accused to plead thereto and to state whether he is ready 
to be tried on such altered charge or information. 
(2) If the accused declares that he is not ready, the Court 
shall consider the reasons he may give and, if proceeding 
immediately with the trial is not likely in the opinion of the 
Court to prejudice the accused in his defence or the 
prosecutor in his conduct of the case, the Court may proceed 
with the trial as if the altered charge or information had 
been the original one. 
(3) If the altered charge or information is such that pro- 
ceeding immediately with the trial is likely, in the opinion 
of the Court, to prejudice the accused or the prosecutor, 
the Court may either direct a new trial or adjourn the trial 
for such period as the Court may consider necessary. 
(4) When a charge or information is altered by the Court 
after the conimencement of the trial the evidence already 
given in the course of the trial may be used without being 
reheard hut the parties shall be allowed to recall UI' 
re-summon any witness who may have been examined and 
examine or cross-examine such witness with reierence to 
such alteration. alteration of 
Proof of part 85. (1) If part oiily of the charge or inforniation is proved 
and the part so proved constitutes an offence, the accused 
or of offence may, without altering the charge or information, be con 
conta,ned victed of the offence which he is proved to have committed. 
therein. (2) If a person is charged with an offence, he may, 
without altering the charge OF iiiforniation, be convicted 
of attempting to commit the ofience. 
(3) If a person is proved to have done any act with the 
intent to commit the offence with which he is charged, and 
if it is an offence to do such an act with such an intent, he 
may, without amending the charge or information and 
notwithstanding that he was not charged with such last- 
mentioned offence, be convicted of the same. 
(4) If at the conclusion of the trial the Court is of 
opinion that it has been established by evidence that the 
accused has committed an offence or offences not contained 
in the charge or information and of which he cannot be 
convicted without amending the charge or information, 
and upon his conviction for which he would not be liable 
to a greater punishment than he would be liable to if he of charge or 
information 
not 
CIIIMINAL PROCEDURE. [CAP. 155. 41 
i~ere convicted 011 the charge or information, and that the 
accrised would not be prejudiccd thereby in his defence, 
the Court inay direct a count or counts to be added to the 
charge or information charging the accused with sucli 
o€!ence or offences, and the Court shall give their judgment 
thereon as if such count or counts hat1 formed a part of 
the original cliargc or information. 
. If a charge or inforrnation does not state, and cannot Quashingof 
by any alteration authorised by this Law be made to state, 
any offence which, in the opinion of the Court, was within 
th; reclsonable contemplation of the accused, it shall be 
qwshrd either cm a motion made befme the accused pleads 
or on a motion made in arrest of judgment. 
A written statement of every such motion shall be 
tle~ivel-ed to the Registrar or otkr officer of ilie Coiiit by 
or on IiekiaIf of t!ie acc1l:ied and sIiaIl I>C cntered upon th;. 
secord. 
89. (1) Where it appears to the Court that i~? the interest view 
of justice the Court should have a view oi ,znv place, person ’‘*‘‘’’- 
or thing connccletl with the case, the Court may proceed 
io view tb:: plxe, person or thing concerned. 
(2) ‘[he accused shall be present at the vien., unless tlir 
Court otlie~wise directs and the Court may generally give 
h directions. regarding the said view and proceedings 
thereat as to it Inay wen1 fit. 
Sj>txiul ~5roirisio~s it.1 smimarv trials. 
88. Except where a longer time is specially allowed by x~lll~ltatloll 
any Law in force for the time being, 110 charge shall he :;&’‘C; 
brought against any person for any offence the puriishmerit summary 
for which does not exceed imprisonment for three months :y:5:cases. 
or a fine of twenty-five pounds or both, unless the chqe 
is brought within six months from the clay of the corn- 
tnission of the offence. 
89. (1) If at any summary trial at the time appointed Proceedings 
for his appearance, an accused whose personal attendance ::gince 
has not been dispensed with under subsection (1) of of accused 
section 45 of this Law, fails to appear then, on proof of &setutor, 
service of the SuInuions upon him, the Court may proceed 
to hear and determine the case in his absence or, if it 
thinks fit adjourn thc case and issEe a warrant for his arrest 
under thr provisions of this Law. 
42 CAP.155.]CRIMINAL PROCEDURE.
(2)If,atthetimeappointed forthehearingofthecase,
theaccusedappearsbuttheprosecutor failstoappear,the
Courtshallacquittheaccusedunlessforsomereasonit
thinkspropertoadjournthehearingofthecasetosome
otherday,uponsuchtermsasitmaythinkfit.
Offe~ce 90.If,beforeorduringthecourseofasummary trial,it
~~~=ble appearstotheCourtthatthecaseisonewhichoughttobe
~o~afummary triedbyanAssizeCourt,theCourtshallstopfurther
n. proceedings anddirectapreliminary inquirytobeheld
undertheprovisions ofthisLaw.
Preliminary
inquiryto
beheldfor
offencesnot
triable
summarily.91.Subjecttotheprovisions ofsection154ofthisLaw,
ifaprosecutor inanysummary trial,atanytimebeforea
finalorderispassed,satisfiestheCourtthatthereare
sufficient grounds forpermitting himtowithdraw the
charge,theCourtmaypermithimtowithdraw thesame
andshallthereupon acquittheaccused:
Provided that,ifthechargeissowithdrawn beforethe
accusedhadpleadedtoit,theaccusedshallbedischarged
butsuchdischarge shallnotoperateasanacquittal.
Preliminary Inquiry.
92.Whenever anychargehasbeenbroughtagainstany
personofanoffencenottriablesummarily orastowhich
theCourtisofopinionthatitisnotsuitabletobedisposed
ofbysummary trial,apreliminary inquiryshallbeheldby
aJudgeinaccordance withtheprovisions insections93
to105(inclusive) contained.Withdrawal
ofcharge.
Procedure in93.WhereaJudgeholdsapreliminary inquiry, the
preliminary following provisions shallapply:-inquiries.
(a)whentheaccusedappearsorisbroughtbeforethe
Judge,theJudgeshallreadandexplainto
himthechargetowhichtheaccused, however,
shouldnotberequired topleadand,ifany
pleaismade,itshallnotberecorded bythe
Judge;
(b)theJudgeshallproceedtotaketheevidence ofthe
witnesses fortheprosecution, inthemannerin
sections96and97ofthisLawprovided, inthe
presence oftheaccusedand,whenever any
evidence isgiveninalanguage notunderstood
bytheaccused,theprovisions ofsection65of
thisLawshallbeapplied:

CRIMINAL PROCEDURE. [CAP. 155. 
Provided that, if the accused does not conduct 
himself properly, the provisions of subsection (2) 
of section 63 of this Law shall apply r~czrtntis 
mutandis to this paragraph ; 
(c) if, after examination of the witnesses called on 
behalf of the prosecution, the Judge considers 
that on the evidence as it stands, regard being 
had to the provisions of section 94 of this Law, 
there are sufficient grounds for committing the 
accused for trial, the Judge shall read again the 
charge to the accused person and explain the 
nature thereof to him in simple language and 
address to him the following words, or words 
to the like effect :- 
" This is not your trial. You will be tried 
later before the Assize Court. You will then 
he able to conduct your defence and call any 
witnesses on your own behalf. Unless you 
wish to reserve your defence, which you arc 
at liberty to do, you may now either make a 
statement not on oath or give evidence on 
oath and in any case call witnesses on your 
behalf. If you give evidence on oath you 
will be liable to cross-examination. Anything 
you may say whether on oath or not will be 
taken down and may be used in evidence at 
your trial before the Assize Court " ; 
and the Judge shall proceed to state to him and 
give him clearly to understand that he has 
nothing to hope from any promise of favour 
and nothing to fear from ariy threat which may 
have been held out to him to induce him to 
make any admission or confession of his guilt, 
but that whatsoever he then says may be given 
in evidence on his trial notwithstanding any 
such promise or threat ; 
(d) everything which the accused says, either by way 
of statement or evidence, shall be recorded in 
full by the Judge and shall be read over to him 
and, whilst it is so read, the accusetl shall be 
at liberty to explain or add to the record 
thereof. The record shall then be signed by the 
accused and attested by the Judge; if the 
accused is unable to sign his name, he shall 
affix his mark which shall be witnessed by the 43 
I 44 CAP. 155.1 CRIMINAL PROCEDURE. 
Judge and, if the accused refuses either to sign 
or to affix his mark, the Judge shall make a 
note of such refusal and his record may be used 
as if the accused had signed it or affixed his 
mark thereto. 
The statement of the accused recorded as 
aforesaid may, without further proof, be 
received and read in evidence at his trial unless 
it is proved that the Judge purporting to 
attest the statement did not in fact attest it ; 
(e) the Judge shall then, and whether the accused has 
or has not made a statement or given evidence, 
ask him whether he desires to call witnesses on 
his own behalf and the Judge shall take the 
evidence of any witnesses called by the accused 
in the manner in sections 96md 97 of this Law 
provided ; I 
(f) the accused or his advocate shall be at liberty to 
address the Court- 
(i) after the examination of the witnesses 
called ~n behalf of the prosecution ; 
(ii) if no witnesses for the defence are called, 
immediately after the statement or evidence of 
the accused ; if witnesses for the defencle are 
called, immediately after the evidence of such 
witnesses ; 
(g) if the accused or his advocate addresses the Court 
in accordance with the provisions of para- 
graph (f) the prosecution shall have the right 
of reply ; 
(h) subject to the provisions of section 94, if, at the 
close of the case for the prosecution, or after 
hearing any evidence in defence, the Judge 
codsiders that there are no sufficient grounds for 
committing the accused for trial, the Judge shall 
order him to be discharged as to the particular 
charge under inquiry ; but such discharge shall 
not be a bar to any subsequent charge in 
respect of the same facts either on the same 
charge or any other charge ; 
(i) if the accused is not discharged, the Judge shall 
commit him for trial by the Assize Court next 
sitting in the district in which the offence is 
alleged to have been committed, or with the 
CRIMINAL PROCEDURE. [GAP. 155. 45 
consent of the accused and the Attorney- 
General to an Assize Court then in session in 
such district and, subject to the provisions of 
subsection (2) of section 157 of this Law, 
either admit him to bail or commit him to 
prison for safe keeping. 
94. Where there is a confiict of evidence, the Judge shall Conflict of evidence consider the evidence to be sufficient to commit the accused 
for trial if the evidence against him is such as, if u11- 
contradicted, would raise a probable presumption of his 
guilt. 
95. In the case of a corporation, if the Judge considers Coiurnittalol corporation. that there is sufficient ground for committing the accused 
corporation for trial, he may make an order accordingly 
and, for the purposes of this Law, any such order shall be 
deemed to be a cornmittal for trial, empowering the 
At torney-General to file an information against such 
corporation. 
96. (1) .At every preliminary inquiry, the Judge shall Depositions 
take down the substance of the evidence of every witness how taken. 
called thereat in the form of a narrative unless the Judge 
thinks fit to take it in the form of question and answer 
and the evidencewf every witness so taken shall in this Law 
be referred to as " deposition." 
(2) The deposition of cwry witness shall be read o\w to 
him and shall be signed by liini and attested by the Judge 
before whom the evidence was taken, the accused, the 
witness and the Judge being all present together at the time 
of such reading, signing and attesting subject always to 
the proviso to paragraph (b) of section 93 of this Law. 
(3) If the witness js unable to sign his name, he shall 
affix his mark which shall be witnessed by the Judge. 
(4) If a witness refuses to sign or affix his mark, the 
Judge shall make a note of such refusal on the deposition, 
with its reason if ascertained. 
97. (1) If it is made to appear to any Judge that an!- Taking 
travel, is able and killing to give material evidence relating JS ill. ptc. 
to any offence triable on information with which aii? 
person has been charged (whether the preliminary inquil 
has not been held or has ended or is in progress, but nit person dangerously ill, not likely to recover or unable to deposition witne3swhn of 
46 
I -_ - CAB. 155.1 CRIMINAL PROCEDURE. I 
after the accused has been Ischarged), the Judge may take 
tht deposition of such person in the manner in section 96 
of this Law provided, subject however to the provisions of 
subsection (2) of this section. 
2) The Judge taking the deposition shall, where prac- 
tierable, by an order in writing under his hand, cause 
reasonable notice to be served on the prosecutor and the 
accused of his intention to take the same and of the time 
ace where it is Po be taken ; and, if the accused is 
in custody, direct the officer having the custody of the i 
accused to cause him to be conveyed to the place where the 
deposition is to be taken, for the purpose of being present 
it is taken, and to be taken back to the place of 
Provided that nothing in paragraph (b) of section 93 of 
this Law or in this subsection contained shall affect the 
validity of a deposition if it is proved that notice having 
been served as hereinbefore provided the person affected 
thereby, refused or neglected so to attend. ' 
(3) The procedure set out in paragrapfi (b) of section 93 
of this Law shall, so far as applicable, be followed in 
connection with depasitions taken under this section. 
(4) If such deposition relates to an ofience as to which- 
(.) the preliminary inquiry has not been held, the 
Judge taking it shall send it to the Registrar of 
the Court in which the preliminary inquiry is 
to be held ; 
(b) the preliminary inquiry has ended, the Judge 
taking it shall send it to the Registrar of the 
Court in which the preliminary inquiry has 
been held ; 
(c) a preliminary inquiry is in progress, the Judge 
taking the deposition shall send it to the 
Registrar 0% the Court in which the preliminary 
inquiry is being held, 
arid every such deposition shall be treated as, and shall be 
considered for all purposes to be, a deposition taken during 
the preliminary inquiry. 
r)epositions 
dS cvlde,,ce 
111 certain 98. (I) Where an accused has been committed for trial 
for any offence, every deposition and every document or 
exhibit relating thereto may, if the conditions in sub- 
section (2) of this section are satisfied, without further 
proof, be received and read in evidence on the trial of that may he read 
CdclPS 
accused, whether for that oflence or for any otlier offence 
arising out of tlic same facts or set of circumstances, as 
that offence. 
(2) The conditions liereinbefore referred to are the 
following :-- 
(a) the deposition must be the clepositioii eitlier oi a 
witness whost: atieiidarice at the trial is stated 
to be unnecessary in accordance with tlie 
provisions of section 100 of this Law (not being 
a witness who has been subsequeiitly notified 
that he is required to attend the trial) or of a 
witness who is probed at the trial to be absent 
from the Colony 01- to be kept out of tlie Lvay by 
ineaiis oi the prociireinent of the prosecutor 01- 
tlie accustd or 011 behalf of either or to lie dead 
or insane or SO ill as not to lie able to travel or 
to be iiiiablc to attend for any oilier sufficient 
causc to thc. sLtisfaction of the Court ; and 
(b) the deposition must purport to be attested by the 
Judge bcfore wliom it purport\ to have 'been 
taken and tlie deposition shall be deemed to 
have been so attested unless it is prolred that 
in fact it was not so attested. 
99. (1) The Ji&e holding tlie preliminary inquiI v shall ulllcil~l# "\er 
td witneqzc CI bind over every witness, called at such inquiry and-n.hose 
deposition has- been taktw, to attend to give evidence at 
the trial of the accused befoie the Assize Court. 
50 bound over shall enter into a recog- 
nisance and such recognisance shall specify the naiiie arid 
surnanie of the pt'rson entering into it, his occupation 01 
profession, if any, and his addresb. 
Such recognisancch niay be eitlier at the foot of tllc 
deposition or separate therefrom and shall be acknowledged 
by the person entering into it and be subscribed by the 
Judge before wliom it is acknowledged or by an officer of 
the Court. 
(3) Any witness wlio refuses, without reasonable excuse, 
to enter into such recognisance may by warrant be com- 
mitted by the Judge holding the preliminary inquiry to 
prison, there to be kept until aftvr the trial or uiitil tlw 
witness enters into such recognisance bcfore a Judge : 
Provided that, if thc accused is aftmvards discliarge 
any Judge niay order any such witness to be dischargtJ 
forthwith. (2) Every nitn 
48 
cQndltloika* 
binding over 1 0. (1) Where a person charged before a Judge with an 
wltne,\es ofitwce triable upon information is committed for trial and 
it appears to the Judge, after taking into account anything 
~liich may be said with reference thereto by the prosecutor 
or the accused, that the attendance at the trial of any 
wit.rzess who has been examined before him is unnecessary 
by rmsm of anything contained in any statement by the 
accu,ed or of the accused having admitted the charge or 
of the evidence of the witness being merely of a formal 
nature the Judge shall, if the witness has not already been 
bound over, bind him over to attend the trial conditionally 
upon notice being given to him and not otherwise or shall, 
if the witness has already been bound ol’er, direct that he 
shall be treated as having been bound over to attend only 
conditionally as aforesaid and sliall transmit to the Court 
of trial a statement in writing of tlie names, addresses and 
occupations of the witnesses who ale, or \zho are to be 
treated as having heen, bound over to attend tlie trial 
conditiona\ly. 
(2) Where a witness has been, or is .to be treated as 
having been, bound over conditionally to attend the trial, 
the Attorney-General 01 the person committed for trial 
may give notice at any time before the opening of the 
Assizes TO the Chief Registrar, or, with the leave of thc 
Assize Court, to the Registrar of that CouIt at any timc 
khereafter, that he desires the witness to attend at the trial, 
md the Chief Registrai 01 the Registrar of tlic Assize 
Court, as the case may be, to whom my sucli riotice is 
gi-\ren shall cause the witness to be iiotilied that lie is 
aequired so to attend in pursuance of his recognisance. 
(3) The Judge shall, on committing tlic accused for trial, 
inform him of his right to require tlie attendanclt. at the 
trial of any such witness as aforesaid and of the steps which 
he must take for the purpose of enforcing such attendance. 
TTd l-rti1sLion In the event of a committal for trial a certified copy 
of tlie charge, the depositions, the statement of the accused, 
the recognisances of the witnesses, the bail bonds, if any, 
and certified copies, as may be conveniently made, of such 
documentarv exhibits. shall be transmitted without delav of rcccrd of 
by the Piegikrar of tlk Court in which the committal was 
made lo the Chief Registrar for transmission to the Assize 
Court before which the trial is to be held and similar copies 
shall be transmitted to the Attorney-General. 
The originals of all the documents transmitted to the 
CRIMINAL PRQCEDURE. [CAP. 155. 49 
- - 
Chief Registrar as hereinbefore provided, together with all 
other documentary and other exhibits which had not been 
so transmitted, shall be kept by the Registrar and be made 
available by him at the trial before the Assize Court. 
2. A person who has been committed to trial shall be Accusedto have copy of entitled to have a copy of the charge, the depositions and d epositions, 
which have been put in evidence, on payment of the payment. of his statement and, where practicable, of any documents etc., o* 
prescribed fees. 
3. (1) If, in the course of a preliminary inquiry, it Power of appear to the Judge that there are no sufficient Judge summaPily to try 
grounds for committing the accused for trial but that the during 
evidence discloses an offence triable sumniarily, the Judge of 
shall cause a charge to be framed against the accused for preli~lllnav 
such offence. 
(2) The trial shall then continue as ill an ordinary 
summary trial, except that the evidence already given in 
the course of the preliminary inquiry may be used without 
being reheard : 
Provided that the prosecution or the accused may recall 
any witness already examined for the purpose of putting 
any further questions. course 
inquiry. 
. If the Judge who has commenced a preliminary Preliminary 
inquiry may y is unable for some good cause to continue it after be 
an adjournment, any other Judge of the Court may by other continue the same and may rccall any ivitness alreadv . ludge 
examined for the purpose of putting further questions. 
5. If, during a preliminary inquiry, it shall appear to Transfer of 
the Judge that the offence in respect of which the accused 
is charged has not been committed within the limits of the committed 
jurisdiction of the Court in which he is sitting, he shall by . . 
order transfer the case to the Court having jurisdiction and 
may issue any warrant necessary for the purpose of taking 
the accused before such Court. 
The charge made, any depositions, recognisances, any 
bail bonds taken and any exhibits produced during such 
preliminary inquiry shall be transmitted to the Court to 
which the case is transferred and such charge, depositions, 
recognisances, bail bonds and exhibits shall be treated for 
all intents and purposes as if they had been made, taken 
or produced before or by such Court. case where 
outside 
junsdiction. 
C -166 
50 CAP. 155.1 CRIMINAL PROCEDURE 
for trial 106. Notwithstanding anything in this Law contained, 
withouta an Assize Court may by an order and without any pre- 
inquiry. prelimi11ary liminary inquiry commit for trial any person for giving 
s 0/6/53. false evidence in any proceedings before it and such person 
may be committed for trial and tried at the same sitting of 
such Court. 
Special provisions in trials on in formation. 
Trial before 107. No person shall be put upon his trial for any offence 
tobeon not triable summarily, although he may have been com- 
informativn. mitted for trial, except upon an information filed by the 
Attorney-Genc.ral in tlie Assize Court in which such person 
is to be tried. Assize Court 
Inforrnatiol1 108. In any such information, the Attorney-General niay 
may charge 
accused with charge the accused wit11 any oft'ence which in the opinion 
any disclosed offelm in of the Attornej,-(;eneral is disclosed by the depositions 
depositions either in addition to, or in substitution for, the offence 
upon which the accused has been committed for trial. 
Form of 109. Every information shall be in the prescribed form 
and shall be signed by the Attorney-General ; it shall state 
the name of the Assize Court in which it is to be filed and 
shall also contain , tlie following particulars :-- 
(a) the name and description of the accused committed 
for trial ; 
(b) the name of the committing Jadge, the date of the 
committal and the date or dates and place or 
places of the taking of the depositions ; 
(c) the offence or offences with which the accused is 
charged containing the particulars set out in 
section 39 of this Law which shall apply mutatis 
mutandis to the framing of inforrnations as it 
applies to the framing of charges ; 
(d) the names of the witnesses who gave evidence at 
the preliminary inquiry endorsed at the back 
of the inform a t' ion. information. 
Sections404 110. Sections 40, 41 and 42 of this Law (relating 
apply to respectively to the joinder of counts, joinder of persons and 
1nfcJ*ma- the manner in which parties to offences may be charged) 
shall apply 'mufatis mutrandis to informations as they apply 
to charges. 41 and 42 to 
trons 
CRIMINAL PROCEDURE. [CAP. 155. 51 -~ 
11. A person who has not given evidence at the pre- 
liiminary inquiry shall not be called by the prosecution to 
give evidence at the trial unless the accused or his advocate 
has been previously given a notice in writing containing 
the name of the witness intended to be called and the sub- 
stance of the evidence intended to be given : 
Provided that no such notice shall be required when the 
witness intended to be called is- 
(a) a co-accused who has already been acquitted or 
convicted ; 
(8) a person called only to prove that a witness who 
has given evidence at the preliminary inquiry 
cannot be produced at the trial; witnesses. 
(c) a witness whose evidence is of a formal nature ; 
(d) a witness of whose evidence the prosecutor became 
aware on the day on which the witness is called. 
Jadgwtents . 
1182. (1) The judgment in every trial under this Law shall Mode of delivering 
be pronounced or the substance of such judgment shall be judgment. 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 or their advocates, 
if any. 
(2) The accused shall, if in custody, be brought before 
the Court or, if not in custody, be required by the Court 
to attend, to hear judgment delivered, except where the 
Court has proceeded to the determination of the case in4 
the absence of the accused under sections 63 or 89 of this 
Law or where his personal attendance during the trial has 
been dispensed with and the sentence is one of fine only 
or he is acquitted. 
(3) No judgment delivered by any Court shall be deemed 
to be invalid by reason only of the absence of any party or 
his advocate on the day notified for the delivery thereof 
or of any omission to give or any defect in giving to the 
parties or their advocates, or any of the-m, notice of such day. 
113. (1) Every such judgment shall be recorded in Contentsof judgment. writing and, in cases where appeal lies, 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 Judge or, where the Court consists of more than 
one Judge, by the President thereof or by his direction by 
4(a) 
-. 52 CAP. 155.1 CRIMINAL PROCEDURE. 
any other member of the Court, at the time of pro- 
nouncing it. 
(2) When a judgment has been so signed, it shall not 
be altered or reviewed by the Judge or Court giving such 
judgment except for correcting a clerical error. 
Delivery of 114. When a Judge, having tried a case is prevented by 
another illness or other unavoidable cause from delivering his 
Judge judgment such judgment, if the same has been seduced 
cases. into writing and signed by the Judge, may be delivered 
and pronounced in open Court by any other Judge. judgment by 
in certain 
copy of 
accused. 115. On the application of the accused, a copy of the 
judgment shall be given to him without delay free of cost. judgment to 
Notes of 116. When a person has been directed to fw tletairicd 
report to be during the Governor’s pleasure, the Judge or the prmidding 
Judge shall forward to the Governor a copy of the notes of to the 
Governor evidence taken at the trial, with a report in writing con- 
in certain taining any recommendations or observations on the case 
cases. as such Judge may think fit to make. evidence and 
Commence- 
sentenceof 
imprison- 
ment. 117. (1) Subject to the provisions of subsection (2) of 
this section a sentence of imprisonment shall take effect 
from and shall include the whole of the day on which it 
was pronounced. 
(2) 12 sentence of imprisonment passed cm 21 pers.ciB~ 
already sentenced to a term of imprisonment shall, unlebs 
the Court otherwise directs, commence at the expiration of 
the former sentence. ment of 
PART IV 
EXECUTIONS ANI) RECOVERY OF PENALTIES. 
118. (1) Any penalty ordered to be paid may be ordered 
to be paid forthwith or at such subsequent time 3r by such 
instalments as the Court making the order may direct. 
(2) If, upon the apprehension of any person, money was 
taken from him, the Court may, upon the conviction of 
such person, order the whole or any part of such money to 
be applied for the payment of any penalty ordered to be 
paid by such person. Payment of 
penaSty 
~ 
~ 
CRIMINAL PROCEDURE. [CAP. 155. 53 
I -- 
119. (1) Any Court by which any penalty is ordered to gtzga- 
be paid may interrogate the person against whom it is made person as to 
as to his means of payment, and such person may be so F:j;~;. 
interrogated either at the time when the order is made or 
at any subsequent time before the penalty is paid. 
(2) For the purpose of enabling an inquiry to be made 
under this section, a Court may issue such process to compel 
the appearance of the person to be interrogated as it may 
issue to compel the attendance of a witness : 
of this Law contained, service of a summons on a person 
who is absent when he is ordered to pay a penalty shall be 
in the prescribed form and may be effected by sending it 
to him by ordinary post in a letter addressed to him at 
his last known or usual place of abode. Provided that, notwithstanding anything in section 46 3 of55154 
120. (1) When ordering the payment of a penalty, the for 
Court may, subject to the provisions of section 128 of this penalty. 
Law, specify the period of imprisonment which the person lo Of6Is3. 
affected shall undergo in default of payment of such penalty 
and such period may be inserted in any warrant issued 
under subsection (2) of this section. 
(2) When a Court orders any penalty to be paid by any 
person, such penalty may be levied under a warrant of 
execution on the movable and immovable property of such 
person, as set out in section 121 of this Law : 
Provided that no execution on the immovable propcrty 
of such person shall be levied, unless it appears that his 
movable property is not sufficient to satisfy the order. 
(3) A warrant under this section shall be ordinarily 
executed within the local limits of the jurisdiction of the 
Judge issuing the same but may be executed by the sale 
of any property belonging to such person outside such 
limits when endorsed by a Judge of the District Court 
within the local limits of the jurisdiction of which such 
property is found. 
(4) The person affected by any warrant under sub- 
section (2) of this section may pay to the officer executing 
the warrant the sum therein mentioned, together with the 
amount of the costs of execution up to the time of payment 
and, thereupon the officer shall cease to execute the same. 
121. Subject to the provisions of section 120 of this Law, Eso;fof 
the provisions relating to execution of judgment debts in warrants. 
54 CAP. 155.1 CRIMINAL PROCEDURE. 
civil proceedings under any enactment in force for the time 
being, shall apply to the execution of any warrant issued 
under the provisions of section 120 of this Law. 
122. Any person claiming to be entitled to, or to have 
any interest in, the whole or part of any property taken in 
execution of a warrant issued under section 120 of this Law 
may, at any time before the sale thereof, apply to the Court 
to determine the right or interest to the property in accord- 
ance with the provisions of any enactment in force for the 
time being. 
123. If the officer executing a warrant reports to the 
Court that he could find no property 01- no sufficient pro- 
perty whereon to levy the amount mentioned in the warrant 
and the costs of execution, the Court may by warrant of 
commitment, commit the person affected to prison for the 
period specified in the warrant of execution and for such 
further period to which the person may be liable under the 
provisions of section 128 of this Law in connection with the 
costs of execution, unless such amount and costs to be 
specified in the warrant of commitment are sooner paid. Claim on 
execution* 
Commitment 
to prison. 
Commitment 
wamnt of 
execution. 124. When it appears to the Court that execution on the 
property of the person ordered to pay the penalty would be 
ruinous to him or to his family or, by his admission or 
otherwise that he has no property whereon execution may 
be levied or for any other sufficient reason it appears to 
the Court that it is to the interest of such person or his 
family so to proceed, the Court may, instead of issuing a 
warrant of execution, commit such person to prison for a 
time specified in the warrant of commitment but always 
subject to the provisions of section 128 of this Law, unless 
the amount and costs of execution are sooner paid. 
125. Where any person has been committed to prison 
under this Part of this Law, such person may pay or cause 
to be paid to the officer in charge of the prison the sum 
specified in the warrant of commitment and such officer 
shall receive the same and thereupon discharge such person, 
unless he is in custody for some other matter. 
126. Where a sum has been received in part satisfaction 
of a sum due under a warrant of execution or a warrant of 
commitment, such sum shall be applied towards the pay- 
ment of the following in the following order :- in lieu of 
Payment 
mitment. after com- 
Application of sum 
received 
under 
warrant. 
CRIMINAL PROCEDURE. [CAP. 155. 55 
(a) costs of execution ; 
(b) costs of the proceedings as may have been directed 
(c) compensation or damages as may have been directed 
(d) fine or any other amount payable into public by the Court ; 
by the Court ; 
revenue. 
127. (1) Where an amount is received in part satisfaction 
of a sum due under a warrant of execution or a warrant of imprison- 
commitment, the procedure as hereunder in this subsection menton P& payment of 
penalty. set forth shall be followed-- 
(a) the imprisonment shall be reduced by a number of 
days bearing as nearly as possible the same pro- 
portion to the total number of days for which 
the person affected is committed as the sum so 
paid towards the penalty bears to the amount 
of the penalty for which such' person is liable ; 
(b) the officer in charge of a prison in which the person 
affected by such part payment is confined shall 
release such person on the day which appears to 
such officer to be the correct day and, there- 
upon, he shall endorse the warrant accordingly 
and shall, as soon as practicable thereafter, 
inform the Court of the action taken and such 
Court shall thereupon make such order or record 
as the Court may consider to be required in the 
circumstances. 
(2) In reckoning the number of days by which any term 
of imprisonment would be reduced under this section, the 
first day of imprisonment shall not be taken into account 
and in reckoning the sum which will secure the reduction 
of a term of imprisonment, fractions of a piastre shall be 
omitted. 
Period of 
imprison- 128. Where a person is committed to prison as in this 
respect of any sum not exceeding the amount set out in the g;;m~t- 
first column of the table in this section contained shall not 
exceed the corresponding term set out in the second 
column. Part of this Law provided, the period of imprisonment in ment in case 
CAP. 155.1 CRIMINAL PROCEDURE. 
___. 56 
TABLE. 
. . ~ ~. 
First Column. - 
500 mils - - -_____ 
Second Column. --- - 
5 days. 
18 days. 
28 days. 
I month. 
3 months. 
6 months. 
1 year. 
-_ ~ - _-_I__- 
Detention 9. Where any Court issues any warrant of execution 
ofexecution, under this Law, it may suffer the person against whom the 
warrant is issued to go at large or order him to lie detained 
in custody until return is made to tlic warrant, unless lie 
i;hall give sufficient security by recognisance or otherwisc 
to tlle satisfaction of the Court to appear before tlic Court 
before which the return is to be made at any time when 
called upon so to do ; and, if he fails to appear accordingly. 
the recognisance or otIier security may be thereupon 
forfeited. after warrant 
Orders by 130. Notwithstanding aiiytlimg in thi, Law or any othei 
enactment contained, every order for the payment of a 
penalty made by an Assize Court c;liall be executed and 
every process thereon shall be issued by any member of 
the District Court of the district in which such Assise Court 
sat for the trial of the case in respect of which the orcler 
was made. Assize 
courts. 
PART V. 
APPEALS, KESERVET) QUESTIONS OF LAW, ETC. 
No appeal 131. (1) Subject to the provisions of any other enactment 
,-asesexcept in force for the time being, no appeal shall lie from any 
as provided judgment or order of a Court exercising criminal jurisdiction 
except as provided for by this Law. 
(2) There shall be no appeal from an acquittal except at 
the instance or with the written sanction of the Attorney- 
General, as in this Law provided. in criminal 
for. 
CRIMINAL PROCEDURE. [CAP. 155. 57 
132. (1) Any person convicted by an Assize Court and 
sentenced to death or to any term of imprisonment or to court 
a fine exceeding twenty pounds may, subject to the provi- %z;kon 
sions of sections 135 and 136 of this Law, appeal to the 
Supreme Court- 
(a) against his conviction as of right on any ground of 
appeal which involves a question of law alone; 
(b) with the leave of a Judge of the Supreme Court 
(not being the Judge who presided at the trial), 
against his conviction on any ground of appeal 
which involves I? question of fact alone, or a 
question of mixed law and fact, or on any other 
ground which appears to the Judge who con- 
siders the application foi leave to appeal to be 
a sufficient ground of appeal ; 
(c) with the leave of a Judge of the Supreme Court 
(not being the Judge who presided at the trial), 
against the sentence passed on his conviction 
unless the sentence is one fixed by law. 
(2) Where a person, entitled tn 3Lp?ertl as of right on a 
point of law as in paragraph (a) of hubsection (1) of this 
section provided, desires to appeal to the Supreme Court, 
he shall give notice of appeal by causing the same to be 
delivered to the Chief Registrar within ten days of the 
date iipon which sentence was pronounced. 
(3‘ M’here a person desires to appeal to the Supreme 
Court as in paragraphs (h) and (c) of substction (1) of this 
qection provided, he <hall apply for leave to appeal by 
causing the application to be delivered to the Chief 
Registrar within ten days of the date upon which sentence 
was pronounced. 
(4) Where the person appealing is confined in any prison 
or institution or is otherwise in custody, he shall be deemed 
to have sufficiently complied with the provisions of 
subsection (2) or (3) of this section, if he delivers his notice 
of appeal or his application for leave to appeal, as the case 
may be, to the officer having charge of him for transmission 
to the Chief Registrar. 
133. (1) Any person convicted by a District Court and ~;‘~~tfronl 
sentenced to any term of imprisonment or to a fine, ex- court 
ceeding ten pounds may, subject to the provisions of sec- 
tions I35 and 136 of this Law, appeal to the Supreme 11 of6/53. 
court- 
CAP. 155.1 CRIMINAL PROCEDURE. __- - _. - - . _____ 58 
.~ 
(a) against his conviction as of right on any ground 
which involves a question of law alone ; 
(b) with the leave of a Judge of the Supreme Court 
against his conviction or sentence. 
(2) Where a person, entitled to appeal as of right on 
a point of law as in paragraph (a) of subsection (1) of 
this section provided, desires to appeal to the Supreme 
Court he shall give notice of appeal by causing the same 
to be delivered to the Registrar of the District Court in 
which the appellant had been sentenced, within ten days 
of the date upon which sentence was pronounced. 
(3) Where a person desires to appeal as in paragraph 
(b) of subsection (1) of this section provided, he shall apply 
for leave to appeal by causing the application to be delivered 
to the Registrar of the District Court in which the applicant 
had been sentenced, within ten days of the date upon 
which sentence was pronounced. 
(4) The provisions of subsection (4) of section 132 of this 
Law shall apply, mutatis mutandis, to notices of appeal 
and applications for leave to appeal under this section. 
Extension 134. Except in the case of a conviction involving 
of time of noticeof sentence of death, the time within which notice of appeal 
appeatetc. or application for leave to appeal may be given may, on 
good cause shown, be extended at any time by the Supreme 12 of6 / 53 
Court. 
*weal plea of after 
guilty. 135. A person who has been convicted and sentenced by 
any Court upon a plea of guilty shall only be entitled 
to apply for leave to appeal to the Supreme Court-- 
(a) against sentence unless the sentence is one fixed by 
Law ; 
(b) against conviction on the ground that the facts 
alleged in the charge or information to which 
he pleaded guilty did not disclose anv offence. 
Noappeal 
wpsinst impnson- 
ment in 636. No appeal OF application for leave to appeal shall 
lie where a person has been adjudged to undergo im- 
prisonment for failure to comply with an order for the pay- 
ment of any penalty or other money, for finding sure- 
ties, for entering into any recognisance or for giving any 
security. certain cases. 
CRIMINAL PROCEDURE. [CAP. 155. 59 
Appeal by Attorney- 137. (1) The Attorney-General may- 
. (a) appeal or sanction an appeal from any judgment 
of acquittal by a District Court on any of the 
following grounds :- 
(i) that there was no evidence on which the 
Court could reasonably find a fact or facts 
necessary to support such judgment ; 
(ii) that evidence was wrongly admitted or 
excluded ; 
(iii) that the law was wrongly applied to the 
facts ; 
(iv) that there has been somv irregularity of 
procedure ; 
(b) appeal or sanction an appeal from any judgment of 
a District Court on the ground that the sentence 
was insufficient. 
(2) An appeal under this section shall be made by causing 
notice of appeal to be delivered to the Registrar of the 
District Court against the judgment of which the appeal is 
made within fourteen days of the date on which the 
judgment was delivered. 
(3) Every notice of appeal under this section shall be 
in the prescribed form ; it shall be signed by the Attorney- 
General or by such person as he may authorise in that 
behalf and shall set out in full the grounds on which it is 
founded. 
138. Every notice of appeal and every application for ~~&~e~nnd 
leave to appeal shall- of applica- 
tion for leave 
to appeal. (a) be in the prescribed form ; 
(b) be signed by the appellant or his advocate ; 
* (c) set out in full the grounds on which it is founded ; 
*: (d) name an address within the municipal limits 
of the principal town in the district in which he 
was tried where all notices, summonses, orders 
and other written communications may be 
left for him, 
and no notice of appeal or application for leave to appeal 
shall be valid unless it complies with the requirements of this 
sect ion ~ 
- ._ CAP. 155.1 CRIMINAL PROCEDURE. 
_____I___--- 60 
Procedureon receipt of 
noticeof, 
orapplica- 
to, appeal. - 
139. (I) Upon receipt of a notice of appeal or of an 
application for leave to appeal from a judgment of an 
Assize Court, the Chief Registrar shall file the same and 
shall forthwith request the President of the Assize Court 
to transmit to him the documents and exhibits specified in 
subsection (3) of this section. 
(2) Upon receipt of a notice of appeal or an application 
for leave to appeal from a judgment of a member of a 
District Court, the Registrar of the District Court shall 
file the same and shall, forthwith, transmit to the Chief 
Registrar the documents and exhibits specified in subsection 
(3) of this section. 
(3) The documents and exhibits to be transmitted as in 
subsections (1) and (2) of this section provided shall be the 
following :- 
(a) the information or charge, as the case may be ; 
(b) the notes of evidence ; 
(c) any statement which may have been made by the 
appellant or applicant before the Court ; tion for Ieave 
6 13 53. (4 4 
I (d) the judgment of the Court ; 
I Procedurc 41e (I) HI; the case of an application for leave to appeal, 
proceedings. after he has received the file of proceedings, present the 
same lo a Judge of the Supmm Court sitting in chamber<, 
(in case of ail appeal from a judgment of an Assize Court, 
not being the Judge who presided at the trial) for con- 
sidelation of, and decision on , the application. on r-ceipt of 
file of I the Chief Registrar shall, as SQQ~ as conveniently may be (e) all documents which may have been put in evidence 
of which the Court has the custody or certified 
copies of any of them of which the Court has not 
the custody ; 
(f) such exhibits, other than documents, as may be 
conveniently forwarded ; 
(g) where the appeal is from a judgment of a member of 
a District Court, the notice of appeal or the 
application for leave to appeal, as the case may 
be. 
(4) The documents and exhibits specified in subsection 
(3) together with the notice of appeal or the application 
for leave to appeal wider subsection (I) of this section 
shall constitute the file of the proceediogs (in thil; part 
referred to as 'I the file of proceedings '7. 13 (6) of 
6 153 
~ ~~__- 
C'RIMI N AL. PROCED UKE. [CAP. 155. 61 I 
(2) The Judge of the Supreme Court, after perusing the t;5$-?of 
file of proceedings, may- 
(a) refuse leave to appeal ; 
(b) fix a date for the applicant or his advocate to 
appear before him and show cause why leave 
to appeal should be granted. The Judge of the 
Supreme Court, on the date so fixed, shall hear 
the applicant or his advocate ex parte and 
shall either refuse or grant leave to appeal; 
(c) grant leave to appeal on all or any of the grounds 
set out in the application for leave to appeal as 
may be specified in such leave or on the ground 
that a substantial miscarriage of justice has oc- 
curred, even though such miscarriage of justice 
is not set out as a ground of appeal in the 
application for leave to appeal : 
Provided that, if leave to appeal is granted 011 the 
ground that substantial miscarriage of justice has 
occurred and such ground is not specified in the 
grounds of appeal, the Judge granting leave shall 
specify the reasons on which such ground is 
founded. 
(3) \$'here, in the opinion of the Judge of the Supreme 
Court who refuses leave to appeal, the application for such 
leave was frivolous, he may order the sentence of im- 
prisonrnent prbnouiiced by the trial Court to commence to 
run from the date of such refusal notwithstanding that the 
prisoner has, in the meantime, been in prison. 
application for leave to appeal shall be recorded by him in 
the file of proceedings and shall be final and conclusive and 
shall be communicated by the Chief Registrar to the 
applicant or his advocate ancl, where leave to appeal is 
refused and the applicant is in prison, to 
charge of the prison for communication to (4) Every order of a Judge of the Supreme Court on an $5:) 01 
) The Chief Registrar sbal!, as soon as con- F& of heaxing of 
veniently may be after the delivery or the receipt of a appeal and n~tice of appeal or after leave to appeal has been granted, 
as the case may be- thereof. 
15 of6/53. 
(.> fix the time for the hearing of the appeal; 
(b) give notice thereof in the case of a private prose- 
cution to the prosecutor or his advocate and 
in ever;. other case to the Attorney-General; 
62 CAP. 155.1 CRIMINAL PROCEDURE. - 
(c) transmit to the officer in charge of the police 
of the district within which is situate the 
place named by the appellant as an address 
for the service of notices, a notice in ~ting 
of the time so fixed to be served on the appellant 
as in subsection (2) of this section provided. 
2 of 28/56. 
Abandon- 
ment of 
appeal or 
application 
for leave to 
appeal. 
Procedure 
on hearing 
the appeal. (2) Service of the notice as in paragraph (c) of subsection 
(1) of this section provided shd be effected by a police 
officer or by an officer of a Court or by such other person 
as a Judge of the Supreme Court may direct by serving 
such notice on the appellant or by leaving the same at 
the appellant's address for service and a certificate of 
such service under the hand of such officer or person 
shall be evidence that the notice has been duly served. 
(3) If it appears to the Chief Registrar that any notice 
of appeal against a conviction, purporting to be on a 
ground of appeal which involves a question of law alone, 
does not show any substantial ground of appeal, the 
Chief Registrar may, instead of proceeding as in subsection 
(I) of this section provided, refer the appeal to the Supreme 
Court for summary determination, and, where the case 
is so referred, the Supreme Court may, if they consider 
that the appeal is frivolous or vexatious, and can be 
determined without adjourning the same for a full hearing, 
dismiss the appeal summarily, without calling on any 
persons to attend the hearing or to appear for the Attorney- 
General thereon. 
142. An appellant oi- applicant may abandon his appeal 
or application by giving notice of such abandonment 
to the Chief Registrar and, on such notice being received 
by the Chief Registrar, the appeal or application, as the 
case may be, shall be deemed to have been dismissed 
by the Supreme Court. 
143. (1) An appellant, notwithstanding that he is in 
custody, shall be entitled to be present at the hearing 
of the appeal if he has expressed such desire in his notice 
of, or application for leave to, appeal. 
(2) When the appeal comes on for hearing, the appellant 
or his advocate shall be first heard in support of the appeal 
and then the respondent or his advocate, if present, shall 
be heard against it. 
(3) If the appellant or his advocate does not appear 
to support his appeal, the Court shall consider the appeal 
CRIMINAL PROCEDURE. [CAP. 155. 63 
and may make such order thereon as it may deem fit. 
(4) If, at the hearing of an appeal, the respondent 
or his advocate is not present, the Court shall not make 
any order to his prejudice, unless satisfied that he had 
notice of the date fixed for the hearing of the appeal. 
(5) When an appeal is presented against an acquittal, 
a warrant may be issued out of the Supreme Court directing 
that the accused be arrested and brought before it and 
may commit him to prison pending the disposal of the 
appeal or admit him to bail. 
144. The Supreme Court shall hear and determine the supreme 
court not to 
party except 
on grounds appeal only on the grounds set out in the notice of appeal hear any or the order granting leave to appeal : 
Provided that the provisions of this section shall not ofappeal. 
apply where, on the hearing of the appeal, the Supreme 
Court is of opinion that a substantial miscarriage of justice 
has occurred. 
145. (1) In determining an appeal against conviction, IJowersof Supreme the Supreme Court, subject to the provisions of section 153 courtin 
appe8l.9. of this Law, may- determining 
(a) dismiss the appeal ; 
(b) allow the appeal and quash the conviction if it 
thinks that the conviction should be set aside 
. on the ground that it was, having regard 
to the evidence adduced, unreasonable or that 
the judgment of the trial Court should be set 
aside on the ground of a wrong decision on 
any question of law or on the ground that there 
was a substantial miscarriage of justice : 
Provided that the Supreme Court, notwith- 
standing that it is of opinion that the point 
raised in the appeal might be decided in favour 
of the appellant, sh dismiss the appeal 
if it considers that no substantial miscarriage 
of justice has actually occurred ; 
(c) set aside the conviction and convict the appellant 
of any offence of which he might have been 
convicted by the trial Court on the evidence 
which has been adduced and sentence him 
accordingly ; 
(d) order a new trial before the Court which passed 
-__ 64 CAP. 155.1 CRIMINAL PROCEDURE. 
sentence or before any other Court having 
jurisdiction in the matter. 
(2) In determining an appeal against sentence, the 
Supreme Court may increase, reduce or modify the sentence. 
(3) In determining an appeal by or with the sanction 
of the Attorney-General- 
(a) from a judgment of acquittal, the Supreme Court 
may- 
(i) set aside such judgment and convict and 
sentence the accused of any offence of which 
he might have been convicted on the evidence 
which has been adduced; 
(ii) direct that further inquiry be made or 
that the accused be re-tried ; 
(iii) dismiss the appeal ; 
(b) from a judgment on the ground that the sentence 
was insufficient the Supreme Court may- 
(i) increase the sentence ; 
(ii) dismiss the appeal. 
Supplemen- 
of Supreme 
appeal. 646. During the hearing of an appeal and at any stage 
thereof, before final judgment, the Supreme Court, subject 
(g) call upon the trial Court to furnish any information 
the Supreme Court may think necessary beyond 
that which is furnished by the file of 
proceedings ; 
(b) hear further evidence and reserve judgment until 
such further evidence has been heard ; 
(c) receive evidence wrongfully excluded by the trial 
Court where it is of opinion that, if such evidence 
had not been excluded, it would have affected 
a finding of fact made by such Court which 
was material to the case and, upon receiving 
such evidence, make such finding of fact 
as in its opinion should have been made by 
tde trial Court, if such evidence had not been 
excluded : 
(d) where it is of opinion that evidence was wrongfdly 
admitted by the trial Court, make such finding 
of fact as in its opinion should have been tary powers 
heanng of during to the provisions of section 153 of this Law may-- 
CRIMINAL PROCEDURE. [GAP. 155. 65 
made by such Court, if such evidence Rad 
not been admitted; 
(e) where the appeal is from a judgment of a member 
of a District Courti (i) order further evidence to be taken either 
generally or on some particular point before 
the District Court which passed sentence ; 
(ii) if it considers that the evidence which 
has been adduced justifies the filing of an 
information for any offence not triable by a 
District Court, direct an information to be 
filed against the appellant for such offence 
before an Assize Court at the next sitting 
thereof and upon such direction the trial of 
the appellant before the Assize Court shall 
take place in the same manner as if he had 
been committed for trial for the offence by a 
Judge in a preliminary inquiry and, in every 
such case, the statements of the witnesses 
contained in the notes of the trial Court shall 
be deemed to be depositions for all purposes 
of the case. 
147. (I) Unless the Supreme Court otherwise orders, I*oweI i 
a sentence of imprisonment shall commence fro111 tEne 
date of the j udgnient of the Supreme Court determining cotll 7?e e- 
(2) If the appeal is allowed and the conviction quashed, ~ent~~~~ 6~'" .nent <,r the appeal. -' SUSP-~IA.~ (If 
the appellant shall forthwith be set xt liberty and any 
penalty, if already paid, shall be refunded. 
(3) Subject to the provisions in subsections (1) and 
(2) of this section, the Supreme Court may make such 
order and issue such directions in respect of further 
proceedings an of the custody of the appellant or his 
release on baas1 ension of the payment of any 
ty as it may dee 
~&s~~~~~Q~ of pestions I$ law and statilag case ~QY 
st4preme Cs?Art* 
ny Court exercising criminal juris 
pon application by the Attorney-G 
ngs, reserve a 
any person for 
O.---EIB 
66 CAP. 155.1 CRIMINAL PKOCEDUKli. 
(2) In every such case the President of the Assize Court 
or the trial Judge, as the case may be, shall make a record 
of the question reserved with the circumstances upon 
which the same has arisen and shall transmit a COPY thereof 
to the Chief Registrar. 
(3) The Supreme Court shall consider and determine 
the question reserved and may- 
(a) if the Court has convicted the accubed- 
(i) confirm the conviction ; 
(ii) quash the conviction, in which case the 
accused shall be acquitted ; 
(iii) direct that the judgment of the Court 
sh;:II be set aside and that, instead thereof, 
judgment shall be given by the Court as ought 
to have been given at the trial ; 
(/)I 11 thc. Court has not delivered its judgment, remit 
tlie case to it with the opinion of the Supreme 
Court upon the question resenred. 
Stating case 
opinion of 
Supreme 149. (1) The Attorney-Gencral and any party dissatisfied 
with the decision ok a Judge exercising summary criminal 
jurisdiction as being erroneous on, a point of law or as 
being in cxcess of tlie jurisdiction or of the powers of 
the Judge may, within tlic time set out in subsection (7) 
of this section, applv in ijriting to the Judge who gave 
the decision tu stat(% a cas(. setting forth the facts and 
grounds of such decision for the opinion of the Supreme L< 
Court. 
(2) If the Judge 'Dcl of opinion that the application 
is frivolous, he may iefuse to state a case but, in any such 
'case, he sliall, on the request of the applicant, sign and 
deliver to him a certificate of such refusal: 
Provided that the Judge shall not refuse to state a 
case where application lor that purpose is made by the 
At torney-G eneral. 
(3) &Were a Judge refuses to state a case, it shall be 
lawfuP for the applicant to apply to the Supreme Court 
upon an affidavit of the facts for a rule calling upon such 
Judge and also upon the other party to the proceedings 
to show cause wlry such case should not be stated and 
the Supreme Court may make such rule absolute or 
discharge it and the Jlidge, upon being served with such 
rulc. absohte, shall stalt a case accordingly. by Judgefor 
Court. 
67 -I CRIMINAL PROCEDURE. [CAP. 155. 
(4) A case stated shall be in such form as may be 
prescribed; it shall be signed by the Judge and shall be 
left with the Registrar of the Court within fourteen days 
after the date of the application therefor or of the service 
of a rule absolute as in subsection (3) of this section 
provided. 
(5) The applicant shall within ten days from the ex- 
piration of the period mentioned in subsection (4) of this 
section, call for the case stated and transmit the same to 
the Chief Registrar and shall, within the same time, give 
notice thereof in writing signed by him or his advocate to , 
Generral. 
munication given or issued for any of the purposes of this 
Part of this Law shall, if left at the address named by any IlhbIILP~. 150. Any notice, summons, order or other written com- N~~~~,~+~. 
68 CAP. 15ES.J CIIIIZUN~~L PROCEDURE. 
person in accordance with the provisions of this Part of this 
Law, be deemed to have been received and to have come to 
the knowiedge of such person. 
151. (I) The Supreme Court shall have power in all 
proceedings under this Part to award such costs to be 
paid by or to the parties thereto as it may thiink fit : 
Provided khat no such an order shall be made against a 
Law Officer. 
(2) Any costs awarded under this section shall be re- 
coverable in the manner provided for the recovery of penal- 
ties under the pIovisions of this Law. Costs on 
appeal. 
Judgmentto 
book, etc. 152. Every judgment or order of the Supreme Court 
made undcr this Part of this Law shall be drawn up and 
entered in a book to be kept for that purpose ; it shall be 
signed l~y one of the Judges of the Supreme Court and a 
copy thereof certified by the Chief Kegistrar to be a true 
copy shall be attached by him to the file of €he proceedings. be entered in 
Nojudgment to be 
reversedon 
on 
form or 
matter Of 
variance, 
unless 
objection 
taken at 
trial. 153. KO judgment, finding, sentence or order of a trial 
Court shall be re\.crsed or altered on appeal on account 
of any objection to anv charge, information, summons 
01' wiriant for my al~egect defect therein in any matter 
wlicther of sul~~,taricc or form unless such objection was 
raised bcfore the Court nhoxc. decision is appealed from, 
nor for any 1,ariaiic.e 1)t.t wcn such charge, information, 
summons or warrant ant1 the evidence adduced in support 
thereof unilcss such objection W;ES similarly raised and the 
trial Court, ~iotwitlistaiidin~ that it was shown that by such 
variance the appellant had been deceived or misled, re- 
fused t~ adjourn tiicl hearing of the case : 
Provided that, if the appellant was not represented by an 
advocate at the hearing before the trial Court, the Supreme 
Court may allow airy such objection to be raised. point of 
PART VI. 
SUPPLEMENTARY PROVISIONS. 
(;eiiurPi poitxys oj Atloniey-Ge~ieml ha crimiPza2 proceedings. 
154" (I) In any ciimirial proceedings and at any stage 
thereof before jendgrnenl the Attorney-General may enter a 
nolk p~'oserjui, either by stating in Court or informing the 
Court in writing &.i the Crown intends that the pro- 
cecdings shale911 not contlnlae and thereupon the accused shall Nolle 
In criminal 
cases. prosequi 
CRIMINAL PROCEDURE. [CAP. 155. 69 
be at once discharged in respect of the charge or information 
for which the nolle prosequi is entered. 
(2) When a nolle prosequi is entered, if the accused has 
been committed to prison, he shall be released, or if on bail 
the bail bond shall be discharged, and, where the accused 
is not before the Court when such nolle prosequi is entered, 
the Registrar or other proper officer of the Court shall, 
if the accused is in custody, cause notice in writing of the 
entry of such nolle $rosequi to be given forthwith to the 
person having custody of the accused and such notice 
shall be sufficient authority to discharge the accused in 
respect of the charge or information for which the nolle 
@osqui is entered or, if the accused is not in custody, 
shall cause such notice in writing to be given forthwith 
to the accused and his sureties, if any, and shall, in every 
case, cause a similar notice in writing to be given to any 
witnesses bound over to appear. 
(3) Where a nolle Prosequi is entered in accordance with 
the provisions of this section, the discharge of an accused 
person shall not operate as ;I bar to any subsequent pro- 
ceedings against him for the same offence or on account of 
the same facts. 
155. Whenever any person shall have been committed 
befixe such trial, direct that the original 
depositions be remitted to the Court in which 
the accused had been so committed and, there- 
upon, the Court shall carry out such further 
inquiry and take such further depositions as 
may be necessary as if such committal had 
not been made ; 
(b) if he is of opinion that the case may suitably 16 0jsp3. 
be dealt with summarily under the powers 
possessed by a Court of summary jurisdiction, 
direct that such case be tried and determined 
by any such Court, notwithstanding that such 
offence could not otherwise be triable by such 
court. for trial on infoKmation, the Attorney-General may- General to 
(a) if he is of opinion that further inquiry is necessary lowerhurt. remit case to 
156. With the exception of the power to appeal from Delegation 
any judgment of acquittal by any District Court under Attorney- of powers by 
the provisions of section 137 of this Law, the Attorney- Gened. 
General may by writing under his hand or by notice in 
70 CAP. 155.1 CRIMINAL PROCEDURE. 
Release on 
bail. 
17 of 6/53. 
Bail bond. the Gazette delegate all or any of the other powers vested 
in him under this Law to the Solicitor-General or a Crown 
Counsel, and the exercise of any such powers by the 
Solicitor-General or a Crown Counsel shall then operate 
as if such powers had been exercised by the Attorney- 
General. 
Bail and recognisances. 
157. (1) Subject' to the provisions of subsection (2) 
of this section, any Court exercising criminal jurisdiction 
may, if it thinks proper, at any stage of the proceedings, 
release on bail any person charged or convicted of any 
offence, upon the execution by such person of a bail bond 
as in this Law provided. 
(2) In no case a person upon whom sentence of death 
has been passed shall be released on bail; and no person 
charged of any offence punishable with death shall be 
released on bail, except by an order of a Judge of the 
Supreme Court. 
158. (1) Every bail bond shall be in the prescribed 
form and shall contain an acknowledgment on the part 
of the person entering into the same that he owes to Her 
Majesty the Queen, Her Heirs and Successors the sum 
of money therein specified, conditioned that such bond 
shall be void if such person shall attend at the time and 
place mentioned in the bond and shall continue so to 
attend untiI otherwise directed by the Court. 
(2) The Court may require any bail bond to be executed 
with or without sureties. 
(3) Where a person is required to execute a bail bond 
with or without sureties, he may be permitted to deposit 
with the Department of the' !&countant-General a sum 
of money to such an amount as may be fixed by the Court 
in lieu of executing such bond. 
Power to 159. If the Court by which a person has been released 
and to order on bail is satisfied that for any reason the amount should 
sufficient be increasdd, or that the sureties are or have become 
insufficient, it may issue a warrant of arrest directing 
that the person released on bail be brought before it 'and 
may order him to sign a new bond for a bigger amount 
or order him to find sufficient sureties and, on his failing 
to do so, may commit him to prison. increase bail 
sureties. 
I CRIMINAL PROCEDURE. [CAP. 155. 71 
460. If it is made to appear to a Court by information Personon on oath that any person released on bail is about to leave bail about to 
the Colony, the Court may cause him to be arrested and Colony. 
commit him to prison until his trial or preliminary inquiry, 
as the case may be, unless the Court shall see fit to admit 
him again to bail upon further bail. 
161. As soon as the bail bond has been executed the Releaseof 
person admitted to bail shall be released and, if he is in 
prison, the Court admitting him to bail shall issue a warrant warrant of 
of deliverance requiring the officer in charge of the prison deliverance- 
to release the person so admitted to bail and such officer, 
on receipt of such warrant of deliverance, shall release 
him forthwith : 
Provided that nothing in this section Qr section 157 
of this Law shall be deemed to require the release of any 
person liable to be detained for some matter other than 
that in respect of which the bail bond was executed. 
162. (1) The surety or sureties on a bail bond may, Dischargeof 
at any time, apply to the Court to discharge the bond sureties. 
either wholly or so far as it reiates to the applicant or 
applican t s. 
(2) On such application being made, unless the person 
released sooner surrenders himself, the Court shall issue 
a warrant of arrest directing that such person be brought 
before it. 
(3) On the appearance of such person on his voluntary 
surrender or pursuant to the warrant, the Court shall 
direct the bond to be discharged either wholly or so far 
as it relates to all or any of the applicants and shall call 
upon such person to find other sufficient sureties and, 
if he fails to do so. may commit him to prison. 
is forfeited, his estate shall be discharged from all liability 
in respect of the bail bond, but the Court by whose order 
the bail bond was given may require the person released 
on such bond to find a new surety or commit such person 
to prison. 163. If a surety of a bail bond dies before the bond Deathof surety. 
164. (1) If the condition of any bail bond be not Forfeiture of bail bond complied with, the Court in or before which such condition and pr~- 
ought to be performed may endorse thereon a certificate cedure 
setting forth that such condition has not been performed thereon. 
72 CAP. 155.5 CRIMINAL PROCEDURE. 
and, thereupon, if the amount of the bond is not paid 
within six days after an order and notice to do so has 
been given to the person affected and no sufficient cause 
has been shown for such failure within the aforesaid time, 
the amount of the bond shall be recoverable from the person 
or persons bound under the bond, in the same manlier 
as penalties are recovered under the provisions of this Law. 
(2) The Court in or before which the condition of a bond 
ought to be performed may remit any part of the amount 
thereof and enforce payment in part only. 
certainpro- 
apply 
WOP- 165. The provisions of sections 158 to 1.64 of this Law, 
both inclusive, shall apply mutatis mutandis to any recog- 
nisance entered into by any person, under the provisions of 
this Law or for keeping the peace and for being of good 
behaviour or conditioned that he shall appear and receive 
judgment at some future sitting of the Court or when 
called upon for any other matter under the provisions 
of any other enactment in force for the time being: 
Provided that, in case of forfeiture of a recognisance 
conditioned as hereinbefore provided, nothing in section 164 
contained shall prevent the Court from passing any other 
sentence as to the Court may seem fit to meet the circuni- 
stances of the case and which the Court is empowered to 
impose. visions to 
SaUCeS. 
Costs and restitution. 
Costs, how to 
be paid. 166. (1) The costs of every public prosecution 4ia11, 
in the first instance, he paid out of public revenue. 
(2) Every order for the payment of costs shall be made 
out by an officer of the Court and shall be dclivereci to 
the person entitled thereto. 
(3) Every order €or the payment of costs out of public 
revenue shall be addressed to the Commissioner of the 
district in which the trial is held and every order so addressed 
shall be sufficient authority for every such Commiissioaer 
and for every person acting as treasurer for the district 
under the orders of the Commissioner, or otherwise to 
pay the sum mentioned in the said order. And every such 
Commissioner and other person as aforesaid shall, upori 
presentation of such order, pay the money mentioned 
therein to the person named in the order or anyone duly 
authorised to receive the same on his behalf. 
CRIMINAL PROCEDURE. [CAP. 155. 73 
167. The Court before which any information is tried -of 
may direct that the costs of such of the witnesses called defence. 
for the defence as were bound by recognisance to give evi- 
dence on the part of the accused shall be paid out of public 
revenue. witnesses for 
. Whenever a person is convicted of any offence, payment of costs by the Court may order him to pay the costs of the prose- accused. 
cution in addition to any other sentence which may be 
passed upon him and in the case of public prosecutions 
such costs shall, when recovered, be paid into public 
revenue. 
9. If in a summary trial the accused is acquitted the Awardof costs to Court may order any person by whom in its opinion the accused. charge was preferred, or any person whom it may consider 
responsible for having procured the same, to pay to the 
accused his costs. 
170. (1) Subject to the provisions of subsection (2) of this Disposal of property in section, where any property has come into the possession 
of the police in connection with any criminal proceedings, police. 
the Court may, on application either by a police officer or by 
a claimant of the property, make an order for the delivery of 
the property to the person appearing to the Court to be the 
owner thereof or, if the owner cannot be ascertained, make 
such order with respect to the property as to the Conrt may 
seem fit. 
(2) An order under this section shall not affect the 
right of any person to take within six months from the date 
of the order legal proceedings against any person in posses- 
sion of property delivered by virtue of the order for the 
recovery of the property, but on the expiration of those 
six months the right shall cease. 
which any other person has been deprived of any property 
whatever, the Court may order that such property or any 
part thereof be restored to the person who appears to it 
to be the owner thereof, either without payment or on pay- 
ment by such owner to the person in whose possession such 
property or a part thereof then is, of anv sum named in 
such order : of 
171. Where any person is convicted of any offence by Restitution of property. 
Provided that this section shall not apply to- 
(a) any valuable security which has been bona $de 
74 CAP. 155.1 CRIMINAL PROCEDURE. 
paid or discharged by any person liable to.pay 
or discharge the same ; 
(b) any negotiable instrument which shall have been 
bona $de received by transfer or delivery by 
any person for a just and valuable consideration 
without notice or without any reasonable cause 
to suspect that it had been stolen or otherwise 
feloniously taken ; 
(c) any goods or documents of title entrusted to, or 
under the control of, by documents of title or 
otherwise, any trustee, banker, merchant, at- 
torney, factor, broker or other agent convicted 
as such of any offence in respect of the same ; 
(d) any movable property purchased in good faith in 
an open market from a person dealing in such 
market in this kind of property or in any shop 
where property of the same kind as the one in 
question is usually sold and from the person 
usually in charge thereof. 
172. (1) Whenever a person is convicted of an offence 
attended by criminal forc4 and it appears to the Court 
that by such force any person has been dispossessed of 
any immovable property the Court may, if it thinks fit, 
order the possession of the same to be restored to such 
person. 
(2) No such order shall prejudice any right or interest 
to or in such immovable property which any person in- 
cluding the person convicted, may be able to establish 
inwvil action. of possession 
of 
immovable 
property. 
\\ 
Miscellaneous. 
173. (1) In criminal proceedings, the Judge or, where the 
Court consists of more than one Judge, the presiding 
Judge or by his direction any other Judge constituting 
such Court, shall take down in writing the minutes of the 
proceedings and the notes of evidence which shall be signed 
by him and shall be preserved as record of the Court: 
Provided that, save as provided by sections 96 and 97 
of this Law, if the Court so directs, such minutes and notes 
may be taken down in shorthand and a transcript of such 
shorthand notes shall be deemed to be the record of the 
Court. Notes of 
evidence. 
CRIMINAL PROCEDURE. [CAP. 155. 75 
(2) Any minutes of proceedings or notes of evidence con- 
stituting the record of the Court, as in this section provided, 
or a copy thereof purporting to be signed and certified as a 
true copy by the Registrar of the Court shall, without 
further proof, be admitted as evidence of such proceedings 
and of the statements made by the witnesses. 
174. (1) Whenever, upon application as hereinafter pro- Change of place of vided, it is made to appear to the Supreme Court- trial. 
(a) that a fair and impartial preliminary inquiry or 
trial cannot be held in any Court ; 
(b) that some question of law of unusual tlifticulty is 
likely to arise ; 
(c) that a view of the place in or near which any 
offence has been committed may be required for 
the satisfactory inquiry into, or trial of. the 
same ; 
(d) that an order under this section will tend to the 
general convenience of the parties or witnesses ; 
(e) that such an order is expedient for the ends of 
j us t ice, 
it may order that the preliminary inquiry or trial be held 
by or before a Court other than the Court before which, 
but for such order, it would have been held. 
(2) Every application for the exercise of the powers 
conferred by this section shall be made by motion which 
shall, except when the application is made’by or on behalf 
of the L4ttorney-General, be supported by affidavit. 
(3) When an accused makes an application under this 
section, the Supreme Court may, if it thinks fit, direct him 
to execute a bond with or without sureties conditioned that 
he will, if convicted, pay the costs of the prosecution. 
(4) Every accused making any such application shall 
give to the Attorney-General notice in writing of the 
application, together with a copy of the affidavit and no 
final order shall be made on the application, unless such 
notice and affidavit are served at least twenty-four hours 
before the hearing of the application. 
175. At every preliminary inquiry ar?d at e\.ery trial, General 
the Court shall have power in its discretion to regulate the 
course of the proceedings in any way which may appear regulate. 
desirable and which is not inconsistent with the provisions proceedings. 
of this Law. power of 
courts to 
76 CAP. I%.] CRIMINAL PROCEDURE. 
Rules of 176. The Governor may, with the advice and assistance of 
the Chief Justice, make Rules of Court to be published 
in the Gazette for the better carrying out of this Law into 
effect and particularly and without prejudice to the 
generality of the powers hereby conferred, such Rules 
may be made in respect of all or any of the following 
matters - 
(a) all matters stated or required in this Law to be 
prescribed : 
(b) the forms to be used for any matter or proceeding 
had or taken under the provisions of this Law 
and the fees payable in respect of any such matter 
or proceeding : court. 
Provided that, until such Rules are made- 
(a) any matter or proceeding had or taken under this 
Law shall be regulated by the Rules of Court 
relating to such matter or proceeding (including 
any Rules prescribing the fees payable in respect 
of any such matter or proceeding) made under 
any of the enactments repealed by this Law* 
and in force on the date of the coming into 
operation of this Law ; 
(b) any forms set out in any of the enactments hereby 
repealed shall continue to be used for any matter 
or proceeding had or taken under the pro- 
visions of this Law, 
and such Rules and forms may be applied or used with 
such deviations, alterations or adaptations as may be 
necessary to carry into effect the provisions of this Law. 
_. 
*For enactments repealed by this Law see 1948 Vol. 1, 208. 
CRIMINAL PROCEDURE LAW. [CAP. 1155. 77 ___ --_____ 
INDEX. 
absence 
of accused, 
evidence on the, in summary trials 
heaving in, when he misconducts 
appellant, Court to consider appeal . . 
. . 
his attendance dispensed with .... 
. . on perniission by Court .. .. 
prosecutor, in summary trials . . .. 
respondent in appeals . . .. .. 
witness, a warrant may issue . . ~. 
his deposition may be read in evidence 
accused 
absence of, hearing in . . .. .. 
appeal by, (see appeals) . . .. .. 
appearance of,. . .. .. .. .. 
assignment of advocate to, . . .. .. 
preliminary inquiry . . .. .. 
summary trial . . .. .. .. 
trials generally . . .. .. .. 
dispensed with, when . . .. .. 
charge, description of, in . . .. .. 
objection to by, . . .. .. .. attendance of, at delivery of judgment . . 
bail of, (see bail) 
pleading to, by, . . .. .. .. 
to be read and explained to, at preliminary inquiry 
and at trial . . .. .. .. .. 
to be supplied with copy of . . .. .. 
committal of, for trial .. .. .. .. 
conviction of (see conviction) 
co~’y of, charge or information ‘to be supplied to, . . 
position, to be supplied to . . .. .. .: .itlgment, to be supplied to . . .. .. 
cost, payment of, by accused . . .. .. 
cross-examination of,. . .. .. .. .. 
discharge of. at preliminary inquiry . . .. 
on acquittal. .. .. .. .. 
evidence of, at preliminary inquiry. 
trial .... .. .. .. .. .. 
to be taken in presence of, at preliminary inquiry 
insanitv of . . .. .. .. .. .. consent of, for trial by Assizes then in session, on 
... ... .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. .. .. 
.. 
.. .. .. 
.. 
.. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. 
.. .. .. .. 
.. 
.. 
.. .. 
.. 
.. 
.. 
.. 
.. .. Section Page 
89(1) . . 41 
63(2j . . 33 
45(1) pr. 26 
63(3) .. 33 .. 
89(2) . . 42 
50(1) .. 28 
98 .. 46 
89(1) . . 41 
89(2) . . 42 
64 .. 33 
112(2) . . 51 
. , 41.42 
63 . , 
45(f) pr. 
38(u) . . 
66 .. 
62 . . 
62 . . 93(a) . . 
62 pr . . 
93(i) . . 
93(i) . . 
62pr . . 
102 . . 
115 .. 
.. 
74(c) . . 
93(h) . . . . 77(4) . . . . 93(c) &. (d) . . 
. . 71(c) & (d) . . 
93(6) . . 
70 . , 
79 .. motionin arrest of judgment by . . .. .. 
objecting by, to charge or infornlation . . .. 
period for which he may be remanded . : .. .. 
pleas by, . . .. 
special by, . . .. .. .. .. .. .. 
pleading to charge of previous conviction by, . . .. 
presence of, at hearing of appeal . . .. 
preliminary inquiry . . .. 
during trial .. .. .. .. .. 
at delivery of judgment . . .. .. .. .. 
at the view on locus in quo . . .. .. .. 
of, to be recorded by committing Judge .. .. 
liminary inquiry .. .. .. .. .. 
convicted or acquitted at trial . . .. .. .. outstanding offences of, to be taken into consideration on .. .. .. .. application of, . . .. 
.. .. .. .. .. 
.. .. 
.. .. .. .... 
statement by. to police, admissible if voluntary .... 
to be asked whether he adduces evidence, and at pre- .. 
.. 
66 .. 
81 . . 
48pr. .. 
67 . . 
69 . . 
71 . . 
93 . . 
63 . . 
87(2) . . .. 
112(2) . . 
5(3) . . 
93(d) . . 
93(e) . . 
47 . . 33 
26 
22 
34 
32 
42 
32 
33 
44 
44 
33 
49 
52 
37 
44 
38 
43 
37 
42 
35 
34 
39 
28 
34 
34 
35 
42 
33 
51 
4 1 
2 38 
I 
,.i 
Idi 
27 
- 78 . 155.1 CRlMINAL PROCEDURE LAW. 
acquittal appeals from, . . .. .. .. .. 
mest on, of, .. .. .. .. .. 
at the conclusion of hearing 
trial, or conviction .. .. .. .. 
discharge of accused on, . . .. .. .. 
plea of previous, . . .. .. .. .. 
withdrawal of charge when not, . . .. ,. .. 
addilronal witnesses 
in trial on information . . .. .. ,. 
address at hearing, by accused that no prima facie case . . 
on opening the case and at its close 
by Law Officer . . .. .. .. .. 
preliminary inquiry . . ,. .. .. 
by appellant in support of appeal . . .. 
respondent . . .. .. .. .. 
for service to be given by appellant . . .. . . .. 
in appeals 
adjournment, generally . . .. .. .. .. 
when variance between facts proved and statement of 
.1 .. offence . . .. .. .. .. .. 
witness to attend adjourned hearing . . .. .. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. .. .. 
.. 
.. 
.. 
.. 
.. 
advocate 
assignment of, by Court 
affirmation 
form of, .. .. .. 
in lieu of oath by witness . . 
alteration 
of charge or information . . 
procedure on, . . .. 
alternative 
charges, when allowed in charges 
information . . .... 
amendment 
of charge or information 
amount 
increase of, in bail bond 
recovery of, of bail bond 
to be ked in bail bond . . . . 
. . .. .. 
.. .. .. 
.. .. .. 
*. .. .. 
~" .. .. 
.. .. 
answer 
of accused, at preliminary inquiry to te recorded . . 
refusal of accused to, to charge . . .. .. .. 
.. 
.. 
.. .. 
.. 
.. .. Section 
137(l)(a) 
143(5) . 
77 .. 
47 . . 
77(4) . . 
)(b) .. 
11 .. 
7412) .. 
74(2) . . 
7412)pr 
93w . . 
43(2) .. 
43(2) . . 
38(4 . . 
48 . . 
82 . . 
51 . . 
64 
55(1) *. 
55(1) . . 
78 .. 
83 . . 
84 . . 
39(4 . . 
109(c) . . 
83(1) . . 
159 .. 
164 .. 
15811) . . 
9314 . . 
68(3) . . Page 
59 
63 
37 
27 
38 
34 
42 
50 
37 
37 
37 
44 
62 
62 
59 
27 
39 
29 
33 
30 
30 
3s 
39 
40 
23 
50 
39 
70 
71 
70 
43 
34 
CR1MINAL PROCEDURE LA W. [CAP. 155. 79 - 
appeal 
abandonment of, . . .. .. .. .. 
according to Law . . .. .. 
after plea of guilty . . .. .. .. .. 
against order for evidence by commission .... 
arrest of accused on. from acquittal . . .. 
by Attorney-General .. .. .. 
on receiving file of proceedings . . .. .. 
conviction for another offence on, . . .. .. 
custody of appellant pending, . . .. .. 
date for hearing of, fixing of .. .. .. 
evidence, new, on, . . .. .. 
from acquittal .. .. .. .. .. 
Assize Court against conviction . . .. .. 
sentence .... .. .. .. .. 
District Court against conviction .. .. 
sentence .. .. .. .. 
procedure at .. .. .. .. .. .. .. 
application for leave to, abandonment of .... 
refractory witness, committed to prison. ... 
Chief Registrar's duty on receiving notice of appeal .... 
.. .. 
.... 
Iicaring of, on ground, set out in notice, etc. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
judgment not to be altered on point of form or inatter oi 
variance 
.... not objected at the trial .. 
iirw trial, order for, on, . . .. .. 
no, against imprisonment in certain cases . . 
iiotice of, application for leave to . . .. 
procedure on receipt of . . .. .. 
as to sentence . . .. .. .. 
in determining . . .. .. .. 
supplementary . . .. .. .. 
time allowed for, extension of . . .. 
on, by Attorney-General .. 
from Assize Court . . .. .. 
District Court .. .. .. 
procedure on receiving file of proceediiigs in, powers of Supreme Court on, 
.... 
with regard to questions of fact . . .. 
of law .. .. .. .. .. 
appearance 
by corporation .. .. .. .. 
of prosecutor . . .. .. .. 
of appellant .. .. .. .. 
of respondent . . .. .. .. 
process to compel, of accused . . .. 
witness . . .. .. .. .. failure of, by accused in summary trials . . 
appellant 
in the absence of, Court to consider appeal' 
release of, on bail . . .. .. .. 
to be heard first on appeal . . .. .. 
present at the hearing of appeal .... 
application 
by accused for change of place of trial . . 
Attorney-General .... .. .. 
in appeal from Assize Court . . .. 
District Court . . .. .. .. 
procedure on receipt of, . . .. 
by surety on bail bonL , . .. .. for leave to appeal, form of .... .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. 
., 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. Sectiolr Page 
142 ,. 
131(1) , . 
135 .. 
61 . . .~ 
142 . . 
143(5) . . .I 131 .. 
141 .. 
140 . . 58(3) . . 
153 .. 
138 .. 
139 .. 
147 .. 
145 .. 
146 . . 
134 .* 
137(21 .. 
72 _. 
89(1) . . 
89(2) . . 
143(3) . . 
143(4) . . 
44 .. 
50 . . 
143(3) . . 
147(3) . . 
143(2) . . 
143(1) . . 
174 .. 
174 . . 
138 .. 
. . 132(1)(b) & (c) 
. . 133 .. 
. . 139 . . 
162 .. 62 
56 
58 
32 
62 
63 
59 
31 
61 
60 63 
65 
61 
64 
59 
57 
57 
57 
58 
63 
62 
68 
63 
58 
59 
60 
65 
63 
64 
58 
59 
57 
58 
60 
57 
57 
57 
57 
35 
41 
42 
62 
63 
26 
26 
62 
65 
62 
h2 
75 
75 
59 
57 
58 
60 
71 
80 . 155.1 CRIMINAL PROCEDURE LAW 
mest 
by directiton of Judge.. .. 
police a&er ,. .. 
how effected .. .. .. 
without warrant . . .. .. 
ividual without warrant . . 
rriease of person arrested . . .. 
. . 
dmation of, . I .. .. .. 
e.X%MtkXl Of, .. .. .. 
irregularities in, . . .. .. 
issueof, . . .. .. .. 
procedureon, . . .. .. 
disposal of, .. .. .. 
remand, in police custody .. 
taken to police station . . .. 
search for, fruit of crime . . .. 
seized to be brought betore Court . . 
disposal of, on Court's direction . e' person outside jurisdiction 
warrant of, form and contents 
aimted p~?rs~n 
without warrant . . .. .. . power to release, on bail bond 
tu be informed of cause of arrest search of, . . .. .. 
. . 
articles 
Assir(, court 
appeal from judgmerh of, (w: appeals) 
oxders of, how executed ... 
A itoruey-Gneral 
a.spealbv, . ._ .. .. case staced by, .. 
consent: of, necessary for coinrnjttai ol a<:cu:jetl for irinl hy .. _. 
.. .. .. .. 
I. ". .. .. .. .. 
.. 
.. 
.. 
.. 
.. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. .. .. .. .. .. .. .. 
.. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
i. 
.. 
.. .. .. .. .. .. 
". .. .. .. 
.. .. .. .. 
.. .. ~. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. .. .. Assizes in session .. 
c,opies of record to be sent to, ~JU camnlittd . . 
delegation of powers of, to Law Officers . . .. 
general powers of, . . .. 
information filed by, . . 
nolle prosequi by. .. .. 
remittal of case by further enquiry .. .. 
for summary trial . . .. .. .. .. 
.. .. .. .. .. .. .. 
matice to, of application fur a change of place of trial 
.. .. .. 
reservation of point of Law, application by, for . . 
P ntrefois ." .. .. EiqWft, Qf .. 
convict, plea of . . .. .. .. .. 
t:yarp 
any person chuged or convicted may 'be granted, 
arrest ai person granted, about to leave the colony 
at any stage of the proceedings . ~ .. .. 
power to increase and add sureties. ... 
releas of person arrested on, . . .. .. .. 
warrant of deliverance . . .. .. .. 
bail bond (see also recognisance) 
form and content . . .. .. .. .. 
.. .. .. death of surety of a , . .. 
discharge of surety of a . . .. .. .. 
forfeiture of . . .. .. .. 
prdure on . . .. 
provisions as to, apply to recognisaaces . . .. .. .. .. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. .. 
.. 
.. 
., 
.. 
.. 
.. 
.. .. .. IQ .. 
Y, .. 
9 .. 
14 .. 
15 .. 
22 .. 
23 .. 
19 . . 
21 .. 
20 . . 
18 .. 
21 .. 19(4] . . 
13 .. 
17 .. 
23 . . 
24 . . 
10 . . 
13 . . 9(3) . . 
25 (1 ,) (a) 
27 . . 
32 . . 
I30 
137 
149 
9311) . . 
I01 .. 
156 . . 
154 
171(.1) 
155itrj . . 
155(b) . . 
148 .. 
157(1) . . 
159 .. 
157(1) .. 
159 . . 
23 . . 
161 . . 
158 .. 
163 .. 
162 . . 
164 . . 
164 . . 
165 . . pee 
13 
9 
4 
11 
12 
1s 
16 
14 
14 
15 
15 
14 
15 
11 
13 
16 
16 
9 
9 
11 
17 
19 
21, 
jfl 
5% 
60 
14 
4h 
00 
68 
69 
5 0 
4s 
75 
69 
69 
65 
34 
34 
70 
70 
70 
70 
It! 
71 
70 
71 
71 
71 
71 
72 
CRIMINAL PROCEDURE LAW. [CAP. 155. 81 
bench warrant 
may be issued at any time after the filing of a charge 
provisions applicable to, . . .. .. .. 
conditional, of witnesses . . .. .. .. 
of witnesses generally .. .. .. .. 
of a house with purpose of liberation . . .. 
by Attorney-General . . .. .. .. .. 
party dissatisfied with judgment .. .. 
form of, .. .. .. .. .. .. 
powers of Supreme Court in, .. .. .. 
procedure on application for a, . . .. .. 
time for application for a, . . .. .. .. binding over 
breaking out 
case stated 
right of appeal deemed abandoned on application for, 
caution 
by Judge to accused at preliminary inquiry . . 
change 
of Judge at preliminary inquiry . . .. ., 
place of trial . . .. .. .. .. 
alteration of, defective . . .. .. .. 
procedure on . . .. .. .. .. 
unnecessary if only part d. proved . . .. 
counts in, . . .. .. .. .. .. charge 
description of offence in, . 
falsification of accounts, etc., how stated in, . . 
intent, how stated in, . . .. .. .. 
previous conviction, how stated in, . . .. 
criminal proceedings, commencing on filing of, . . 
definition of, ..... .. .. .. .. 
framing of, . . .. .. .. .. .. 
form of, .. .. .. .. .. .. 
joinder of counts in, . . .. .. .. .. 
powers of Court as regards, . . .. .. 
joinder of persons in, . . .. .. -. .. 
parties to offences how charged in, . . .. .. 
pleading to, . . .. .. .. .. .. 
of previous conviction . . .. .. .. 
presentation of, to Judge and filing . . .. 
refusal of Judge to direct . . .. .. .. 
procedure on alterations of, .... .. .. 
proof of offence not contained in the, . . .. 
part of the offence contained in the, . . .. 
quashing, .... .. .. .. .. 
variancesin. .. .. .. .. .. .. 
withdrawal of, .. .. .. .. .. 
assistance of, in making Rules . . .. .. Chief Justice 
Chief Registrar Section 
. . 44(1) . . 
. . +4(2) . . 
. . 100 . . 
.. 99 .. 
.. I.? 
. . 149 .. .. 149 . . . . 149(4) . . 
. . 149(6) . . . . 149(2) & (3) 
149(8) . . 
149(7) . . 
‘L3(c) . . 
104 . . 
17i 
83 . . 
84 . . 
.. 
,. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 85 . . 
39(a) . . 
39(2) . . 
39(h) . . 
39(j) . . { c:;t(:\g) : : 
37 . . 
2 .. 
39 . , 
38 . . 
40 . . 
40 . . 
41 . . 
42 . . 
62 . . 
71 . . 
43 . . 
43(2) . . 
84 . . 
85(4) . . 
85(1) . . 
86 . . 
82 . . 
91 . . 
176 
delicry of notice of, or application for leave to, appeal to 132(2) & (3) 
procedure in receipt of . . .. .. .. .. 139 . . 
fixing date of hearing of appeal and notice thereof . . 141 . . 
notice to, on abandonment of . . .. .. .. 142 .. 
frivolous .. .. .. .. .. .. . . 141(3) .. 
. . 139(2) & (3) . . reference to Supreme Court of notice of appeal ex facie 
transmission of file of proceedings. to . . .. 
procedure on receipt of . . .. .. .. .. 140 .. 
CX-188 Page 
26 
‘6 
+n 
47 
10 
66 
66 
67 
67 
66 
67 
67 
43 
49 
75 
39 
40 
40 
22 
22 
23 
24 
24 
24 
22 
5 
22 
22 
24 
24 
15 
25 
32 
35 
25 
25 
40 
40 
40 
41 
39 
39 
76 
57 
60 
61 
62 
62 
60 
60 
6 
82 CAP. 155.1 CRIMINAL PROCEDURE LAW. 
civil remedy 
commission (see evidence) 
committal for trial not to be suspended . . . .. 
of accused to Assizes . . 
corporations, how made . . .. 
payment after, .. .. .. 
to prison . . .. .. .. commitment 
in lieu of warrant of execution . . 
period of imprisonment in case of, . . 
warrant of, . . 
attendance of accused .. .. 
witness . . .. .. compelling 
conditional 
contents binding over of witnesses 
of bail Lcind . . .. .. .. 
charge .. 
information . . . . .. .. 
judgment .. .. .. .. 
notice of appeal . . .. .. .. .. .. 
summons . . .. .. .. 
warrant . . .. .. .. 
c, mviction 
appeal froin, of Assize Court: .. 
District Court . . .. .. 
general. effect of . . .. .. .. 
.. 
.. 
.. 
.. 
.. 
., 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. zf attempt for offence charged . . 
offence not contained in charge or information.. 
on alteration of charge or information . . .. .. 
.. 
.. 
1. 
.. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 36 . . 
M(i) . . 
95 
1241 
125 
123 128 
{E 
41 
50 
100 
158 
39 
109 
113 
138 
45 
19 .. 
.. 
.. .. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
. . 132(l)(rr) I% (b) 
. . 133(l)(a) . . 
. . 85(2) . . 40(3) . . 
.. 
. . 85(4) . . 
.. 84 .. 
powers of Supreme Court in appeals against conviction . . 145 . 
quashing (see quashing) 146 . . previous, charged, pGading to . . .. .. .. 71 .. 
copy accused entitled to, of charge or information . . . . 62pr. .. 
judgment . . .. .. .. .. .. .. 115 . . 
of affidavit in support of an application for change of place deposkion. on payment . . .. .. ,. . . 102 .. 
of trial to be given to Attorney-General . . .. 174 .. 
corporation 
appearance by, .. .. .. .. .. 
committal of, . . . . .. .. .. .. 
pleading by, . . .. .. 
service of summons on, how made . . .. .. .. 
. . .. 
costs award of, to accused . . . . .. .. .. 
free of, supply of judgment to accused . . .. 
how to be paid . . .. .. .. .. 
of appeal 
witnesses, to be deposited on issuing of summons .. .. ,. for defence . . .. 
order for payment of, of witnesses . . . .. 
payment of, by accused . . .. .. 
counsel 
address by prosecuting and defending . 
Law Officer . .. .. 
on appeals . . .. .. .. .. 
assignment of, by Court to accused .. .. . . 169 . . ._ 115 . . .. 60 .. 
49(1) & (2) . . 
49(1) 2(b) . . 
60 . . 
168 .. 
. . 74(2) . . 
. . 74(2) pr. . . 
.. 143 
64 .. 22 
44 
44 
54 
54 
55 
54 
54 
54 
26 
28 
48 
70 
59 
22 
50 
59 
26 
14 
57 
57 
24 
40 
40 
40 
35 
63 63 
33 
49 
52 
75 
35 
45 
35 
27 
73 
52 
32 
28 
28 
32 
73 
37 
31 
61 
3: 
83 CRIMINAL PROCEDURE LAM.'. [CAP. 155. 
count (see also charge, information) 
.. definition of, . . .. .. .. .. 
' court 
acquittal or conviction by, on trial 
at conclusion of hearing . . .. .. 
admission to bail by .. .. .. 
alteration of charge by . . .. .. 
procedureon _. .. .. .. 
decision of, consisting of more than one judge 
in matters of sentence . . .. .. 
evidence, taking of, by . . .. .. .. 
adjournment and remand in custody by, . .. 
.. 
by commission . . .. .. .. .. 
issue of wanant by, to accused . . .. .. 
to witness . . .. t. 
to adjourn case . . .. .. .. .. 
power of, .. .. .. 
assign counsel to accused . . .. .. 
call or recall witnesses . . .. .. .. 
commit to prison refractory witness .... 
issue order requiring attendance of prisont\r . 
warrants for commitment . . .. 
levy of penalty . . .. .. 
order alteration of charge or information 
Davment of costs of witnesses 
;ei'titution of property 
possession of property 
quash charge or information 
release on bail . . .. 
regulate proceedings . . 
view locus in quo . . 
criminal proceedings, definition of 
cross-examination . 
by accused of co-accused . . 
of accused . . .. .. 
witness, by co-accused . . 
to be confined to relevant facts 
custody 
of persons arrested . . .. 
release from, . . .. .. 
remand in police, . . .. 
remanding in, .. .... 
defence .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. .. 
.. 
.. 
address by accused or his advocate 
by accused .. .. .. .. 
statement by, in, in preliminary inquiries 
trials .... .. .. 
witnesses for the, costs of , . .. .. evidence for the: . . .. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. .. 
.. 
.. .. 
.. 
.. 
.. 
.. 
depositions 
accused may have copy of, on payment . . 
COPY of, to be sent to Attorney-General . . 
definition of, . . .. 
bowtaken . . .. 
of witness who is ill .. .. .. .. .. 
.. .. .. .... .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
I. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
original of, to be transmitted to Chief Registrar . . 
when may be read as evidence . . .. .. 
6(2) .. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
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.. 
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.. 
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.. 
.. 
.. 
.. 
.. 
.. 
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.. 
.. 
.. 
.. 
.. .. 
.. 
.. Sectiort 
30(0) 
47 
77 
48 
152 
83 
84 
77w 
77(3) 74 
93 
61 
44 
50 
48 
64 
54 
58 
53 
123 
120 
83 
60 
171 
172 
86 
157 
175 
87 
2 
76 
57 74U) (4 
5w 
17 
157 
24 
48 .. 
.. 
.. 
.. 
.. 
.. .. .. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
I. .. 
.. 
.. 
.. 
.. .. 
74(2) . . 
93(d) . . 74 .. 
74(l)(c) . . 
74(l)(d) . . 
167 . . 
102 . . 
101 . . 
96 I. 
91 . . 
101 . . 
98 . . %(1) . . . . 
Page 
22 
27 
37 
27 
70 
39 
40 
38 
38 
36 
42 
32 
26 
28 
27 
33 
29 
31 
29 
53 
53 
39 
32 
73 
74 
41 
70 
75 
41 
5 
37 
37 
31 
30 
13 
70 
16 
27 
37 
36 
43 
37 
37 
73 
49 
48 
45 
45 
45 
48 
46 
34 GAP. a 55 1 ~:Ti?.lM.lNA d. PROCEDURE L 24 24,'- 
i _____. . - - .. . . . .- . . _. .- 
Section Page 
, :LZy .. .. .. .. .. .. 13 . . I? 
13 . . 13 
24 . . 14 
.. .. .. .. .. . . ?S(i)(a) . . 17 
_. 32 .. 20 
33 . . -.1 
smbenct of, during governnr's pleasiire . . .. .. 70 .. 35 [:el.. i:'isn 
.:> ., d during search . . .. .. 
4echa.r:;e 
,,f acc::sea ;t pre!imlnary inquiry . . .. .. . . 43(kj . . 
. . 13(h) . . 
p , 159f3) . . *)l .. . . 
.. .. .. 37 . . 
.. .. . . i7[b) . . .. .. 
into recognizance to appear at p~ilce 
bond to appear in Court .... . . 17(a) ." 
cy of evidence . . .. .. . . 17(C) ,I 
.. .. .. 162 .. 
-yrnpier or other. person . . .. .. 3i .. 
i11>7'rl s:,; i with per\< >.a1 attendance of accused . . .. G(1) . . 
a.i:sposai 
.. .. .. .. 17 .. 
33 .. (Jf persc.ns arrested . . .. 
property seized during search . . .. .. 32 .. 
,dCJ!2 :IGC:ll .. .. .. ?5 . . 
.. .. 34 .. destruction or impounding of seized, .. .. 6 -. 
whlch, to Sf! trannaitic.d t:, Chief Rcgistrar on zppezal . . 139(3) . 
.. .. .. .. 59 .. !?r 3 iin.9 nih, dter seardi . . .. 
0: . . 
&er ior production of, . . .. .. 
..lumh witness . . .. - %ng!ish 1a.v .. .. 3 .. applicnbie w..;re 110 pro! isiori made . . 
entry 
itnon :)laces ancl SP~FF! ir b warmnt .... . . 25(3) .. 
enritled to cupy of depositions . . .. .. . . 102 . . 
iaterpretation of .. .. .. .. .. cy5 .. 
sitions read as, when . . .. .. .. .. 98 .. 
notes of, .. .. .. .. .. .. . . ?T3 I. 
stzitement to police, when admissible in. .. .. .. 5(3) . . 
variance between, and charge . . .. .. .. 82 .. 
bvitness', to he on nath or affirmation . . .. .. 55 .. 
5.1 Iiavw,t+pting officer . . .. 
(,I at trial . . .. .. .. .. .. W(1) .. 
resent in Cwrt ? koiigh nc,t wmrnonecl . "O(1) . . 
as wtnes5 .. .. .. .. .. 53 .. 
on oath or affirmation .... .. .. .. 55 ., 
VCdcC CJf . . .. .. .. .. .. .. 56 .. 
xccall ,>f witness for further, .. .. .. .. 54 .. 
&irn c,:; Drqion'i: tzken in, .... .. .. 122 .. 
&teiiLion after rvari.aill of, . . .. .. I. .. I29 .. ... 
%;.:used calling evidence . . .. .. .. . . 74jl)(d) . . 
.. . . ?4jl)(~) ., 
01. .. 
.. .. 94 .. 
cniimicutiou .. .. .. 5 .. 
.. .. 54 . . 
55 6256 . . .. .. .. .. s .. 
trn alteration of charge . . .. .. .. . . 84(4) . . 
cltec~titx~ 
commitmanti :i iieu of warrant of. .... .. .. 124 . . 
(1: varrant . .. .. .. .. 
( I? 
14 
'6 
13 
20 
21 
17 
21 
G 
... !i 
37 
49 
33 
37 
32 
45 
46 
74 
7 
39 
:{a 
c 
5' 
5. 
SI 
5 
CRIMINAL PROCEDURE LA W. [CAP. 155. 85 
- __ .. ~ 
Sectcon Page 
5 8 facts 
not tlisciosing an offence, appeal against conviction , . 135(b) . . 
on same, only one sentence, on general conviction .. 40(3) pr. .. 
question of, appeal with regard to .... .. . . 132(l)(b) . . 
variance between, proved to statement of offence . . .. 133(J(4 . . 
filing 
of appeals (see appeals) 
charge, on direction by Jndge . . .. .. .. .. .. .. refusal to direct . . .. .. 
of charge . . .. .. .. 
information . . .. .. .. 
warrant of arrest .. .. .. .. 
of Court to regulate proceedings . . .. .. .. 
detention during pleasure of the. 
may require production of telegrams . . .. .. 
power to, to make Rules of Court .. .. 
not, plea of . . .. .. .. 
procedure on .. .. .. 
verdict of . . .. .... .. .. .. 
plea of, . . .. .. .. .. 
appealsafter . . .. .. 
procedure on . . .. .. 
verdict of, . . .. .. .. 
of the case . . .. 
witness to attend adjourned, .. .. .. .. .. .. information . . .. .. 
form .. .. .. .. .. .. .. .. .. summons .. .. .. .. .... 
to be used for any matter, to be prescribed by Rules . . 
general powers 
Governor .. .. .. .. 
.... 
guilty 
.. .. .. .. .. .. 
.. .. .. .. .. .. .. .. .. .. .. .. 
hearing .. .... .. .. .. .. 
leave the Court during, . . .... .. .. 
refusal of leave to appeal . . .. .. .. 
no appeal against, in certain Cases .. .. of person on bail about to leave the Colony 
period of, in case of commitment . . .. .. .. 
reduction of period of, on part payment of penalty . . 
alteration of defective, . . .. 
commencement of trial at Assizes by, . . .. .. 
copy of, to be supplied to accused . . 
General ., .. .. .. 
form of, .. .. .. .. 
joinder of counts in, .I. .. .... .. imprisonment 
commencement of sentence of, by order of Judge on 
.... 
. . .. 
information (see also charge) .. .. .. 
counts in (see charge) 
description of offence in, (see charge) filed by Attorney- .. .. .. 
.. .. .. .. .. 
...... parties in . . .. .. 
manner in which parties are charged . . 
.. .. .. objection to, . . .. 
pleading to, . . .. .. 
procedure on alteration of . . .. .. 
proof of offence not contained in . . .. .. 
part of offence contained in . . .. 
quashingof, . . .. .. offences to be chargeci in, . . .. .. .. .. .. .. 
.to be read and explain& to accused * . . .. variance between facts proved and offence stated in, I. 
.. 
.. 
.. .. 
.. 43(2) . . 
43(2) . . 
107 .. 
38 ._ 
109 . . 
45 . . 
19 .. 
176 .. 
175 .. 
70 . . 
7 .. 
176 .. 
GS(2) . . 
68(1) . . 
77(3) .. 68(2) . . 
77(2) . . 
135 .. 
68(1) . . 
74 .. 
51 .. 
73 .. 
117 .. 
136 .. 
160 .. 
127 .. 
83 .. 
107 .. 
62pr. .. 
107 ._ 
109 .. 
40 .. 
110 .. 
41 .. 
110 .. 
42 .. 
110 .. 
66 .. 
108 .. 
62 . . 
84 .. 
85(4) . . 
85(1) .. 
86 . . 
62 . . 128 :. 
a2 .. 39 
25 
25 
50 
22 
50 
26 
14 
76 
75 
35 
7 
76 
34 
34 
34 
58 
34 
38 
36 
29 
36 38 
52 
71 
55 
55 
39 
50 
33 
50 
50 
24 
50 
24 
50 
24 
50 
34 
50 
32 
40 
40 
40 
41 
32 
39 58 
0.-166 7 
CAP. 155.J CRIMINAL PROCEDURE LAW. 
... __ ....... ___ .. 86 
ingress 
to a closed place . . .. .. 
inquiry (see also preliminary inquiry) 
with a view of ascertaining mental condition of accused 
insanity 
acquittal on the ground of, . . .. .. 
of accused on being called upon to plead . . 
inspection 
by Court of the locus in quo .. 
interpretation 
of documents formally produced . . 
evidence to accused .. .. 
interpreter 
ability of, tested by Court . . .. 
oathof, .... .. .. .. 
investigation 
investigating officers . . .. .. 
appointment of, by Governor . . 
police officers are . . .. .. .. .. of offences . . .. 
power to investigating officers . . 
to ask for production of documents 
production of telegrams for purpose of, 
joinder 
of counts in charge or information 
conviction on . . .. .. 
powers of Court on .. .. 
of persons and trial . . .. .. 
Judge (SEC also Court) 
arrest by direction of, ... .. 
definition of, . . .. .. .. 
nower of. .. 
.. .. 
.. .. 
.. .. .. .. .. .. .. 
.. .. 
.. .. 
.. .. .. .. 
.. 
.. .. 
.. .. 
.. .. .. .. .. .. .. 
.. .. .. .. 
.. .. .. 
.. 
.. .. 
.. 
.. 
.. .. .. .. .. .. .. 
.. .. .. .. 
.. .. 
* as to'documents or things, possession of which is .. .. .. unlawful . . .. .. 
to direct filing of charge . . .. .. .. .. .. .. .. .. refusal to . . .. .. 
direct preliminary inquiry during summary trial . . 
try summarily during course of preliminary inquiry 
warrant or summons, issue by (we also warrant) .... Section 
30 
70(1) .. 
70(2) . . 
70(1) . . 
a7 .. 
65(2) . . 
65(1) . . 
65(3) . . 
65(3) . . 
4 .. 
4(2) . . 
5 .. 
6 .. 
7 .. ;(I) .. .. 
40 . . 
40(3) . . 
40(2) . . 
41 . . 
16 
2 .. 
34 . . 
43(2) . . 
103 .. 32) ** .. 
44 
Judge of the Supreme Court leave to appeal by, . . .. .. .. .. . . 132(1)(6) & 
133(l)(a) & (4 . . 
(4 . . order on application for trial . . .. .. . . 140(4) . , 
power to order imprisonment to commence from refusal of . . .. .. .. .. . . 140(3) . . 
procedure on considering application for . . . . 140(2) . . 
no bail in cases of conviction for capital offence except by order of .... .. .. .. .. . . 157(2) .. 
power to direct filing of charge on refusal by Judge . . 43(2) . . 
Judge's Rules .... 8 .. applicable !. .. .. .. .... Page 
20 
35 
35 
35 
41 
33 
33 
33 
33 
24 
24 
24 
25 
13 
5 
21 
25 
25 
42 
49 
26 
57 
57 
61 
61 
61 
70 
25 
8 
CRIMINAL PROCEDURE LA W. [CAP. 155. 8T 
- - - .- --___ - - - - - .. ____ 
Sectioit 
judgment 
appeal from, (see appeals) 
alteration of, . . .. .. .. .. .. . . 113(2) . . 
contents of, . . .. .. .. .. 113 .. 
ropy of, to accused . . .. .. .. 115 .. 
delivery of, by another Judge . .. .. . . 114 .. 
mode of . . .. .. .. .. .. . . 112 .. 
in the presence of accused .. .. .. . . 112(2) .. 
drawing and entering, of Supreme Court on appeals, etc. . . 
no, to be reversed on appeal on certain matters unless 
point raised at trial . . .. .. .. .. 153 .. 
review of, when allowed . . .. .. .. . . 113(2) .. 152 
jurisdiction 
transfer of case when offence coniinitted outside,. . .. 105 .. 
special plea of lack of, .. .. .. .. . . 69(l)(a) . . 
of England, when applicable . . .. .. ~. 
resewation of questions of, for the opinion of the Supreme 
Court .. .. .. .. .. .. .. law 
creating offence to be stated in charge . . .. . . 39(c) & (d) ~. .... .. lYC) .. .. and in information .. .. 
148 .. 
kgal advice 
to be made available to arrested person . . 
limitation of time 
for charges in summary trials . . .... .. 
search of. .. .... .. .. .. mean$ of conveyance .. 
niisct bnd uc t 
by accused, inay entail his reinoval and custody . . .. 
misjoinder 
.. .. .. of counts . . .. .. .. 
defendants . . .. .. .. .. .. .. 
nmtimi 
in arrcst of judgntent .. .. .. .. .. 
by Attorney-General .. .. .. .. 
of accused or prosecuter in summary trials . . .. 
appellant .. .. .. .. .. .. .. 
respondent .. .. .. riolle pvoseqtri 
.... 
non-appearance 
.. .. .. .. 
notes of evidence 
and report to be forwarded to the Gcivernor in certain cases 
notice 
of additional witnesses to be given to accused . . .. 
when not required . . .... .. .. .. 
relating to appeal to be left at address named . . appeal (se8 appeal) 
intention to take deposition of witness who is ill . . 
.. 
oath 
evidence of witness to be on, .. .. .. .. 
refusal of witness to take the, . . .. .. .. no warrant to be issued except if reasons supported by,. . 13 .. 
ati .. 
26 . . 
63(2) . . 
40(2) . . 
41 . . 
79 .: 
154 .. 
89 .. 
143(3) . . 
143(4) .. 
116 .. 
111 .. 
lllpr. .. 
97(2) . . 
150 .. 
55 . . 
44(2) . . 
49(1) .. 
5Y(l)(a) . . Page 
52 
51 
52 
52 
51 
51 
68 
68 
52 
49 
34 
23 
50 
6 
65 
1 
41 
17 
33 
24 
25 
38 
68 
41 
62 
63 
52 
51 
51 
46 
67 
30 
26 
28 
31 
CAP. 155.1 CRIMINAL PROCEDURE LAW. 
_____.. 88 
.. 
Section Page 
objection 
to charge or information . . 
offence 
defined . . .. .. .. 
officer 
in charge of a police station, defined . . 
on trial 
Court to acquit or convict, . .. .. 
order of addresses 
at trials .. .. .. .. .. 
onappcals .. .. .. .. .. 
order of examination 
of witnesses . . .. .. .. .. 
outstanding offences 
when taken into consideration 
pardon 
special plea of, .. .. 
parties 
to offences, how to be charged . 
Davment *d of costs, award. to accused .... .. .. 
by accused .... .. .. .. .. 
how to be paid . . .. .. .. .. 
of witnesses .. .. .. .. .. 
for defence . . .. .. .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. . 66 .. 
2 .. 
.. 2 .. 34 
5 
5 
,. 47 
. . 74(2) .. 143 
.. 56 
. . 81 
. . ' h9(l)(c) 
.. 
.. .. 
.. 
.. .. 
penalty 
application of sum received under warrant of execution for, 
claim of property taken in execution for, .... 
commitment to person for failure to pay, . . 
in lieu of warrant for, . . .. .. .. 
defined .... .. .. 
detention after warrant of execution for, . . .. .. 
.. .. .. 
for witness refusing to attend . . .. .. 
interrogation of person as to his means to pay, . . 
manner of execution of warrant for, .. .. 
order by Assize Court for payment of, . . .. 
payment of, .. .. .. .. .. .. 
after commitment . . .. .. .. .. . . 
reduction of, or part payment of .. .. 
warrant for levy of, . . .. .. .. .. period of imprisonment in case of Commitment 
person 
arrcstccl (ser arrested person) 
convicted or acquitted. not to be tried again anthorised to investigate . . .. .. .. . . 
pleas 
by accused . . .. .. .. .. .. 
corporaticm .... .. .. .. .. 
of guilty or not guilty . . .. .. .. 
refwal to make a plea . . .. .. .. 
special, . . .. .. .. .. .. .. .. 
.. .. .. 
.. .. .. .. 
.. .. .. .. 
.. 
.. .. 
.. .. .. .. .. 42 
169 
168 
166 
60 
167 
126 
122 
123 
124 
2 
129 
52 
119 
121 
130 
118 
125 
128 
127 
120 .. 
.. 
.. 
.. 
.. .. .. 
.. .. 
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 
4(2) . . 
35 . . 
67 . . 
72 .. 
68 .. 
Z33' . ' .. 27 
37 
62 
30 
3'9 
34 
25 
73 
73 
72 
32 
73 
54 
54 
54 
54 
5 
56 
29 
53 
53 
56 
52 
54 
55 
55 
53 
6 
21 
34 
35 
34 34 
34 
CRIMINAL YII0CEL)UKE LA W. [CAP. 155. 89 
Sectiou Page 
40 
32 
35 pleading 
to altered charge or inforination . . .. 
of previous conviction .. 
officer, arrest by . . .. .. .. 
without warrant .. .. .. . . .. charge or information . . .. .... 
police 
charge of a police station, defined 
search by . . .. 
remand in, custody .. .. .. .. 
.. .. 
sta.tion, person arrested to be taken to . . 
preliminary inquiry 
accused to have copy of depositions 
binding over of witnesses at, .. .. 
committal for trial, at conclusion of, . . 
of corporation ... .. .. .. 
conflict of evidence at, .. .. .. 
continued by other Judge . . .. .. 
definition of, . . .. .. .. .. . . 
.. .. conditional . . .. .. 
.. .. .. without a .. 84 . . 
6% . . 
71 .. .. 
.. .. 
.. 
.. .. 
.. 
.. .. 
.. .. 
.. .. .. 
.. 
.. 
.. 
.. .. .. 
.. .. 
.. 
.. .. 
.. 
.. .. .. .. .. .. 
.. 
.. .. 
.. .. 
.. 9 .. 
14 . . 
2 .. 
{;: :: 
24 . . 
13 .. 9 
11 
5 
9 
17 
16 
11 
102 .. 
99 . . 
100 .. 
95 . . 
106 .. w . . 93(i) . . 49 
47 
48 
44 
45 
50 
45 
104 .. 
2 ,. 49 
7 
depositions (sc~ depositiona) 
power of Judge to try summarily during coursc of. 
procedure in, . . .. 
to be held for offences not triable sunimarily . . 
transfer of case where offence comniittctl outside .. .. .. .. 
.. .. jurisdiction . . .. .. 103 . . 
03 . . 
92 . . 
105 . . 
101 . . 
90 .. 40 
42 
42 
49 
48 
42 .. .. .. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. 
.. 
.. 
.. .. .. transmission of record of, . . .. .. .. 
when, to be directed during course of summary trial 
presence (see also absence) 
of accused during trial . 
on delivery of judgment . 63 . . 
112(2) .. 33 
51 .. 
.. 
previous 
.. acquittal, plea of . . .. .. .. 
conviction, how 'charged, . . .. .. .. 
plea of . . .. .. 
pleading to charge of . . .. .. .. 
at joint trial . . .. .. .. .. .. 
criminal, implemented by English Law . . , .. 
in preliminary inquiries . . .. .. .. 
on alteration of charge or information . . .. 
hearing appeals . . .. .. .. .. 
receipt of file of proceedings . . ~. .. 
description of, in charge or information . . .. 
disposal of, in possession of police 
restitution ~f, I. .. .. .. .. .. 
restoration of possession of immovable . . .. 
of charge or information . . .. .. .. .. .. .. 
procedure 
notice of, and application for, leave to appeal . . 
property 
.... .. 
quashing 
.. .. conmviction on appeal . . .. 69(l)(h) . . 
39(j) . . 
(ic)(l)(h) . . 
71 .. 34 
24 
34 
35 
75 .. 
3 .. 
03 . . 
84 . . 
143 . . 
140 .. 
139 .. 37 
7 
42 
40 
62 
60 
60 
23 
73 
73 
172 34 
86 .. 
418(3)(a)(ii) . . { 145(1)(b) . . 41. 
63 
66 
question 
of fact, appeal involving a . . .. .. .. . . 132(1)(8) .I 
law, appeal involving a, from Assize Court . . . . 132(l)(a) .. 
148 . . 
refusal to answer, F y witness . . .. .. . 58 .. Prom District Cou -t . . .. .. .. . . 133(l)(a) . . reservation of. fo the opinion of the Supreme Court 57 
57 
58 
65 
39 
90 CAP. 155.1 CRIMINAL PROCEDURE LAW. 
recognisance 
by witness at preliminary inquiry . . .. .. .. 
refusal by witness to enter into a, . . .. .. 
provision as to, bail bunds to apply to . . I. .. 
to appear at police station . . .. .. .. .. 
inquiry . . .. .. .. *. .. .. 
preliminary inquiry, transmission of, of . . .. .. 
of accused, on bail . . .. .. .. .. .. 
appellant, on bail . . .. .. .. .. .. 
person arrested on a warrant on, bond . . , . .. ~ect,rd 
of evidence or of statement of accused at preliminary 
release 
without warrant on bail bond to appear before C'ouit 
reinanti 
in police custody . . .. .. 
of accused on adjournment .... 
period of, . . .. .. .. 
in police custody .. .. 
right of, of a Law Uiticer . . .. 
address by, on appeal .. .. 
failing to appear on appeal 
of property . . .. .. 
nf possession of property . . ., 
power to makc, .. .. .. reply 
respon~len t 
.... 
restitution 
rrstoration 
I<ules of Court 
search 
of arrcstetl [)erson 
nrrans of conveyance . . .. 
l'lace in pursuit of person evading arrest person and places without warrant 
.. 
woman . . I. .. .. .. .. 
oHensive weapons found during . . .. .. 
warrant f(ir (.wc warrant, search warrant) . . 
contents of, . . .. .. .. .. .. 
detention or disposal of things seized under a, . . 
execution of, . . .. .. .. .. .. 
form and duration of, .. .. .. .. 
issue of. .. .. .. ~. .. .. search warrant .. .. .. .. .. .. 
.. .. 
.. .. 
.. .. .. .. 
.. .. 
.. .. 
.. .. 
.. .. 
.. .. 
.. .. ,. 
.. 
.. 
.. 
.. 
.. 
.. 
.. .. .. 
seizure of property not mentioned in, . . .. .. 
things or documents seized under, possession of which is 
.. .. .. .. .. unlawful . . .. 
sent&ncc 
appcdl against, froin .\\sile (ouiit . . .. .. .. 
District C'orirt .. .. .. ~. Swlion Page 
W(2) .. 
%(3) . . 
165 .. 
17(b) . . 
93(4 101 
157 .. 
157 .. 
23 .. 
17(a) . . 
24 . . 
48 *. 
48pr. .. 
24 . . 
74(2) pr. .. 
143(L) . . 
143(4) . . 
171 .. 
172 .. 
176 .. 
10 . . 
26 .. 
25 . . 
11 .. 
10(L) . . 
lO(3) . . .. 
27 . . 
32 . . 
29 . . 
28 . ~ 
27 .. 
33 . . 
34 . . 
by ?\ttorney-Gelirral . . .. .. .. .. 
coinmencement of, of imprisonmcnt .. .. .. 
on ordcr of Judge on refusal of leave to appeal . . 
(inc, to bc passed on general conviction, on the sxnic facts 
powws of Supreme ('onrt as to, 40(3j . . 
coinnienccment or suspension 01 . . .. .. . . 147 . . 
on an appeal against . . .. .. .. . . 145(2) & 
(3)(W) '. 
(3)@)(i) ' . variation of. on appeal .. .. . . 145(2) & 47 
47 
72 
14 
43 
48 
70 
70 
16 
13 
16 
27 
28 
17 
37 
62 
63 
73 
74 
76 
I) 
17 
17 
P 0 
IO 
10 
19 
20 
20 
19 
19 
21 
21 
57 
58 
59 
52 
GO 
52 
0.5 
64 
64 
CRIMINAL PROCEDURE LA W. [CAP. 155. 91 -_ __ 
statement 
by person charged with an offence . . .. .. .. 
examined by investigating officer . . .. .. 
in custody .. .. .. .. 
of accused at preliminary inquiry . . .. .. .. 
when, to police admissible in evidence . . .. .. .. .. .. 
of offence (see charge, information) 
stating case 
summary trial (see also trial) for opinion of Supreme Court . . .. .. .. 
limitation of time for charges in, . . .. .. .. 
offence proving unsuitable for, . . .. .. .. 
withdrawal of charge in, . . .. .. .. .. 
contents of, to accused . . .. .. .. .. 
form of, to accused . . .. .. 
issue of, to accused . . .. .. 
to witness . . .. .. .. 
warrant instead of summons to accused .. .. 
to witness .. .. .. 
Supreme Court (see also Judge of Supreme Court) proceedings on non-appearance of accused or prosecutor, at 
summons 
.. .. .. 
.. .. .. .. .. .. 
.. .. .. .. .. .. .. service of, . . .. .. 
appeals to (see appeals) .. .. .. case stated for opinion of, . . .. 
costs of appeal .. .. .. 
judgment of, to be entered in book, etc. .. .. .. .. .. .. 
no judgment to be reversed on appeal on point of form or 
matter of variance unless objection taken at trial . ~ 
power of. as to commencement or suspension of sentence 
supplementary powers of, during hearing of appeals powers of, on determining appeals . . .. .. .. 
question of law reserved for opinion of, . . .. .. 
. . 
surety .. .. .. death of, .. .. .. 
discharge of, . ~ .. .. 
sufficient, order for . . .. .. .. .. 
of sentence, power of Supreme Court as to, ~. 
definition of, . . .. .. .. .. .. 
production of. requiring . . ,. .. ~. 
trial (see also preliminary inquiry, summary trial) 
a'djollrnmexlt of, ~ ~ .. .. ~. .. 
before Assize Court to be on information .... 
change 01 place of. ~. .D I. .. 
general provisions as to. ~. .. *.. .. .. .. 
suspension 
teiegzam 
.. 
.. 
new trial, order for, by Supreme Court . . .. 
04' more persons than one, procedure at . . .. 
presence of accused during, .. .. 
special provisions in, on information ~. .. .... 
in. summary .. .. .. .. ~. 1. .. 
.D 
.. 
.. 
.I 
.. Section 
8 
8 5(2) 
93(4 
33) 
149 
88 
90 
89 
91 
45 
45 
44 
49 
44 
50 
46 
149 
151 
152 
153 
147 
145 
148 
146 
163 
P 62 
I Sbs 
147 
;P) 
48 
109 
174 
62 
87 
75 
63 
107 
111 
88 
91 145(lM .. .. .. .. 
.. .. 
.. 
.. .. .. .. 
.. .. .. .. .. .. .. 
.. 
I. .. 
.. .. 
.. 
.. 
.. 
.. .. .. 
.. 
~. .. 
~. .. .. .. 
to 
.. .. .. .. ~. 
to .. 
.. 
to .. Page 
8 
6 
8 
43 
7 
8 
66 
41 
42 
41 
42 
26 
26 
26 
28 
26 
28 
27 
66 
68 
68 
68 
65 
63 
65 
64 
71 
a1 
70 
65 
8 
7 
27 
so 
75 
32 
$1 
63 
37 
33 
50 
51 
$1 
42 
CAP. 155.1 CRIMINAL PROCEDURE LAW. - 92 
variance between facts proved and statement of offence . . .. 
no judgment to be reversed on appeal for any, unless .. .. .. objection taken at trial .. 
of locus in quo .. .. .. 
statement by prisoner, adnlissible when . . .. .. 
for levy of penalty . . .. .. view 
v o 1 u n ta r y .. .. .. 
.. .. witness, admissible .. .. .. 
application of sums received under, . . .. .. 
claim on property taken under, . . .. .. .. 
commitment to prison in lieu of,. . .. .. .. 
where no property . . .. 
detention after, . . .. .. 
manner of execution of, . . .. .. .. .. 
for witness, if summons disobeyed . . .. .. .. 
in the first instance, when . . .. .. .. 
of arrest, contents, form and duration . . .. .. 
issue of, . . .. .. .. 
execution of, . . .. .. 
irregularities in, . . .. .. 
procedure on, . . .. .. 
in lieu of warrant to levy esecution . . .. warrant .. .. .. 
.. .. .. .. .. .. 
.. .. .. 
.. .. .. 
.. .. .. 
.. .. .. 
commitment (SCP oh warrant for levy execution alwve) Section Page 
82 
153 . . 
87 .. 
8 .. 
5(3) . . 
120 .. 
126 .. 
122 .. 
124 .. 
123 .. 
129 .. 
121 .. 
50 . . 
49(1) . . 
19 .. 
18 . . 
21 .. 
20 . . 
21 . . 
124 .. 
123 .. .. .. where no property . . .. .. 
to prison of refractory witrirss .. .. . . 58(1) & (2) . . 
deliverance . . .. .... .. .. . . 161 . . 
search (ses also research) 
contents of, . . .. *. .. .. .. 27 .. 
form and duration of, . . .. .. .. .. 28 .. 
execution of, . . .. .. .. .. .. 29 .. .. .. .. .. 27 .. issue of, . . .. .. 
withdrawal 
of charge, after plea in suminary trial, accused to be 
acquitted . . ., .. .. .. .. . . 91 
before place, no acquittal .... .. .. 91 pr. 
witness additional, at Assizes. ... .. .. .. 
attendance of, compelling . . .. 
binding over of, in preliminary inquiries . . .. 
conditional .... .. .. .. .. 
costs and expenses of, may be ordered by Court . . .. .. 
for defence .... .. .. 
cross-examination of,. ... .. 
by CO-~CCUX~ . . .. .I 
dumb, .. .. .. .. .. 
evidence of, to be on oath or affirmation 
examination in chief of, . . .. 
issue of summons to, . . 
warrant to, . . .. .. .. 
name of, at the back of the affirmation 
order of examination of, . . .. 
penalty for, refusing to attend 
power to call or re-call, . . .. 
re-examination of, . . .. .. 
refractory, . . .. .. .. 
refusing to attend, penalty of . . 
summoning prisoner as, . . .. 
taking evidence of, by commission . 
to attend adjourned hearing .. . . 
warrant for, .... .. .. .. 
. . 
leave Court during hearing .. 
.. 
.. .. .. .. 
.. .. .. 
.. .. 
.. .. 
.. .. 
.. 
.. .. .. .. .. 
.. 
.. .. .. 
.. .. 
.. .. .. 
.. .. 
.. .. 
.. 
.. .. 
.. .. 111 .. 
.. 49 .. 
.. 99 .. . . 100 . . .. GO .. 
. . 167 . . . . 56(1) . . 
(2) tc (4) .. 57 .. 
.. 59 .. .. 35 .. .. 56(1) .. 
.. .. .. 50 .. 
.. 56 .. . . 109(d) . . 
. 52 
.. 54 .. .. 56(1) .. 
.. 58 .. (3) &k (4) 
.. 52 .. .. 53 .. .. 61 .. .. 51 .. .. 73 .. .. 50 .. 39 
68 
41 
8 
7 
53 
54 
54 
54 
54 
56 
53 
28 
28 
14 
14 
15 
15 
15 
51 
54 
31 
71 
19 
19 
20 
19 
42 
42 
51 
28 
47 
48 
32 
73 
30 
31 
32 
30 
30 
28 
28 
50 
30 
29 
29 
30 
31 
29 
29 
32 
29 
36 
28