Where an offence is committed partly in one Province and Where an offence is a continuing one, and continues to be Where it consists of several acts done in different Provinces; the offence may be inquired into and tried in any one of such Provinces. *9. When a person is accused of the commission of an offence at Offences at Sea or otherwise not within the local limits of the ordinary juris- Sea or out of ordinary diction of the Supreme Court which according to Law may be jurisdiction. dealt with in the Colony, the offence may be inquired of and tried at any place in the Colony to which the accused person is first brought or to which he may be taken thereafter. of doubt. 10. Whenever any doubt arises as to the Court in which any Court to offence should be inquired into or tried, the Divisional Court of decide in case the Supreme Court within whose jurisdiction the offender is apprehended or is found shall decide in which Court the offence shall be inquired into or tried. wrong 11. In case any cause is commenced in any other Province than Cause comthat in which it ought to have been commenced, the same may menced in notwithstanding be tried therein, unless the defendant shall object Province. thereto at or before the time when he is called upon to plead or to state his answer in such cause. PROCESS AGAINST THE ACCUsed. Warrant. 12. In every case, whether the charge is or is not such as must Summons or or may be heard and determined by summary trial, the Court may proceed either by way of summons to the accused or by way of warrant for his apprehension in the first instance, according to the nature and circumstances of the case. If the accused is undergoing imprisonment, a warrant to bring him before the Court may be directed to the Keeper of any Prison within the particular jurisdiction in which the accused is confined. 13. For the issuing of a summons the charge need not be put in writing or be sworn to unless the Court so directs. Form of charge for Summons. 14. A warrant shall not be issued in the first instance, unless the For Warrant. charge is on the oath of the person laying the charge or of some witness. The charge shall be in writing, or reduced by the Court into writing. 15. The person effecting service shall make affidavit of service, Proof of and shall also attend the Court to give oral evidence as to the Service. service if required. As to offences by foreigners, see sect. 37. Warrant, when issued. Where Summons not obeyed. Time for execution. Within what 16. Notwithstanding the issuing of a summons a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused. 17. If a person served with a summons does not obey the summons, the Court may issue a warrant for his apprehension. 18. A warrant need not be made returnable at any particular time, but may remain in force until executed. 19. A warrant may be executed by the apprehension of the jurisdiction. accused at any place within the particular jurisdiction, and in case of fresh pursuit it may be executed at any place within the jurisdiction of the Supreme Court. In what cases. Form and mode of execution. SEARCH WARRANT. 20. Where it is proved that in fact or according to reasonable suspicion anything on, by, or in respect of which a crime or offence has been committed is in any house or place, the Court may by warrant (called a Search Warrant) authorise an Officer of the Court therein named to search the house or place (which shall be named or described in the Order), and if anything searched for be found, to seize it and apprehend the occupier of the house or place if the Court thinks fit so to direct. 21. The warrant shall be executed by the Officer who shall have charge thereof, but he may be accompanied by any persons necessary to assist him. If the house or place is closed, and the Officer is not admitted after demanding admission, and disclosing his authority, and the object of his visit, it may be forced open. Where there is suspicion only, the warrant shall so state, and then it shall be executed in the day time; where there is positive proof it may be executed in the day or night time. Nolle Prosequi. CONTROL OF CROWN IN CRIMINAL PROCEEDINGS. 22. In any criminal case, and at any stage thereof before judgment, whether the accused has or has not been committed for trial, the Attorney-General may enter a nolle prosequi, either by stating in Court or by informing the Court in writing that the Crown intends the proceedings should not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognizances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. In case the accused shall not be before the Court when such Notice to be nolle prosequi is entered, the Registrar of such Court shall forthwith given. cause notice to be given to the Keeper of the Prison in which such accused may be detained, and also to the Commissioner of the District in which such accused was committed for trial. Such Commissioner shall forthwith cause notice to be given to any witnesses bound over to appear, and to their sureties (if any), and also to the accused and his sureties if he shall have been admitted to bail. (20 of 1900, s. 2 (a).) tion ordered 23. Whenever any person charged with any crime or offence When Trial shall have been committed to be tried on information, and the on InformaAttorney-General shall be of opinion that further investigation is case may be required before such trial, it shall be lawful for the Attorney- re-opened. General to direct that the original depositions be remitted to the Court which committed the accused for trial, or to any other Court of the same Province, and such Court may thereupon re-open the case and deal with it in all respects as if such commitment had not been made; and if the case be one which may be tried by such Court in a summary manner, it may, if thought expedient by the Court, or if the Attorney-General so directs, be so tried and determined accordingly. The provisions of this and the last preceding section shall not be construed to restrict in any way any right or power otherwise possessed by the Attorney-General. PREVIOUS ACQUITTAL OR CONVICTION. 24. A person who has been once tried for an offence, and con- Persons victed or acquitted of such offence, shall, while such conviction or convicted or acquitted. acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence. 25. A person convicted or acquitted of any offence may be May be tried afterwards tried for any offence for which a separate charge might again on have been made against him on the former trial. separate charge. 26. A person convicted or acquitted of any act causing conse- Consequences quences which together with such act constitutes a different offence supervening or not known from that for which such person was convicted or acquitted, may at time of be afterwards tried for such last-mentioned offence if the conse- former Trial. quences had not happened or were not known to the Court to have happened at the time when he was acquitted or convicted. to prove 27. If a person accused of an offence has been previously con- Notice when victed of any offence, and it is intended to prove such previous it is intended conviction with the purpose of increasing his punishment for the previous offence of which he is accused, the previous conviction must be conviction. stated in the Information. Proof of previous conviction. 28. Whenever evidence of a previous conviction is relevant to the issue, such previous conviction shall be deemed to be sufficiently proved by a certificate stating the substance and effect of the charge or information upon which such conviction was based, and the conviction and sentence, and purporting to be signed by the Registrar or other Officer having the custody of the Records of the Court where such conviction took place. (20 of 1900, s. 2 (b).) Joinder of charges. Three charges of same kind in a year. Occurring in one series of facts. When doubtful what offence has been committed. When more than one person accused of same offence. Court may Trials. JOINDER OF CHARGES. 29. Parties may be charged with different offences in the same Information in the following cases : Where a person is accused of more than one offence of the same kind committed within one year of each other, he may be charged and tried at the same time with any number of them. not exceeding three; If in one set of facts so connected as to form the same transac- If a single act or set of acts is of such a nature that it is doubtful Provided that the Court in which any Information is filed shall order separate have power to prevent the trial of different offences or persons together if such trial would be inexpedient, and in such case may order separate records to be made up and separate trials to be had. (5 of 1876, ss. 28 and 29; and 20 of 1900, s. 2 (c).) Ownership or description. Joint Owners. DESCRIPTION OF PROPERTY. 30. The following Rules shall be applicable in all cases in which it may be necessary to refer to the ownership or description of property in criminal process or proceedings: If the property belonged to or was in the possession of more than one person, whether as partners in trade or otherwise, it may be laid in the name of one of such persons, and another or others. This rule applies to Joint-Stock Companies, Clubs, Property of a Joint-Stock Company, Club or Society, having a Joint-Stock recognized Secretary, may be laid as the property of such Company, &c. Secretary and others, without naming the Secretary; Property belonging to or provided for the use of any Public Public Establishment, Service, or Department, may be laid as the Department. property of Her Majesty the Queen; any aver Coin and Coin and Bank Notes may be described as money, and ment as to any money, so far as regards the description of the Bank Notes. property, shall be sustained by proof of any amount of Coin or of any Bank Note, although the particular species of Coin of which such amount was composed, or the particular nature of the Bank Note shall not be proved; and in cases of embezzlement and obtaining money by false pretences, by proof that the accused embezzled or obtained any Coin or any Bank Note, or any portion of the value thereof, although such Coin or Bank Note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly. INTERROGATION OF ACCUSED PERSONS. accused. 31. Subject to the particular Rules hereinafter enacted, the Court Court may before which any person is charged with or being tried for any interrogate crime or offence may, without previously warning the accused person, examine him and put any questions to him which the Court thinks proper. 32. No oath or affirmation shall be administered to the accused Accused not to be sworn. person. 33. No influence, by means of any promise or threat or other- No influence wise, shall be used to the accused person to induce him to answer to be used to or to disclose or withhold any matter within his knowledge. induce disclosures. for not 34. The accused person shall not be punishable for refusing to Accused not answer, or for answering falsely, any questions put to him; but punishable if the accused person do not answer, the Court shall draw such answering. inference therefrom as seems just. 35. Any answer given by an accused person may be used as Answers may evidence, not only in the particular cause under trial or examina- be used as tion, but also in trials for any other offence which his answers may tend to show that such accused has committed. evidence. 36. Nothing contained in the preceding, or in any subsequent Not to prevent enactments of this Ordinance shall in any trial prevent any admis other admissions or con |