Section 88Part 5 — Procedure for Committal of Accused for Trial before the Grand Court
Committal for trial on written statements
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Subject to subsection (2), a magistrate conducting a preliminary inquiry shall, where all the evidence before that magistrate, whether for the prosecution or the defence, consists of written statements (with or without exhibits) tendered to the court pursuant to section 33 of the Evidence Act (2021 Revision), commit the accused person to the Grand Court, in the current session, for the accused person to stand that person's trial for the offence without consideration of the contents of those statements.
Where —
the accused person or one of the accused persons does not have a counsel; or
the counsel for the accused person or one of the accused persons, as the case may be, request the court to consider a submission that the written statements disclose insufficient evidence to commit the accused person for trial before the Grand Court, the magistrate shall consider the contents of the written statements.
A magistrate shall not, where the magistrate is considering the written statements pursuant to subsection (2) —
take any oral evidence or statements from the accused; or
call any witnesses.
Subject to the Evidence Act (2021 Revision), where the magistrate considers the written statements and is satisfied that there is sufficient evidence to put the accused person on trial, the magistrate shall commit the accused person to the Grand Court, in the current session, for the accused person to stand that person's trial.
Where the magistrate commits an accused person to the Grand Court pursuant to subsection (1) or (4), the magistrate shall until the trial, either admit the accused person to bail or send the accused person to prison for safekeeping.
The warrant of the court shall be sufficient authority for the detention of the accused person by the officer in charge of a prison.
In the case of a corporation the court may, if it considers the evidence sufficient to put the accused corporation on trial, make an order authorising the Director of Public Prosecutions to file an indictment against such corporation, and for the purposes of this Code any such order shall be deemed to be a committal for trial.
Cross References
- Section 33 of Evidence Actexternal
section 33 of the Evidence Act (2021 Revision)