Section 5Part 2 — Powers of Courts
Mode of trial of particular offences
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5. (1) For the purpose of determining the mode of trial before a court, offences shall be classified into three categories — Category A- offences triable upon indictment and not otherwise; Category B- offences triable upon indictment which, with the consent of the prosecution and the person charged (or all of the persons charged if there be more than one), may be tried summarily; and Category C-offences triable summarily and not otherwise.
Where any law creating an offence fails to prescribe the mode of trial, the mode of trial shall be as prescribed in Schedule 1.
Notwithstanding any other law but subject to section 190, the offences set forth in Schedule 1 shall fall into the categories therein prescribed.
Referenced By
- Section 38 — Category B offence
Category B offence definition