Act-
commencement of division of short title ..
Acting Stipendiary Magistrate-
A
words or letters after signature to be prima facie evidence of power to act
Adjournment of hearing- committal of defendant on-
by justices . . . .
to gaol or lock-up . . . . . . committal of witness on, to gaol or lock~up
costs of, determination by justices hearing of simple offence to another centre in presence of parties
private complaint . . . . . . . . recognizance entry into, conditioned for appearance to certain time and place . . . .
to time and place determined by justices Aircraft-
venue of hearing of simple offence committed on Amendment of complaint, etc.-
adjournment subsequent to justices may make order for
minute of, giving of to party . . . . particulars of to be entered on proceedings when Court or Judge may order Appeal by way of order to review-
affidavits, when not to be used . . . . . .
appellant deemed to have abandoned other rights of appeal applicant to be aggrieved . . . . . . . . . • application to Judge for . . . . . .
before Judge, he may refer appeal to Full Court conditions imposed on grant of
costs, discretion as to ..
decision on, enforcement of . . . . . . . . decision on, memorandum to be sent by Registrar to clerk of
court
discharge of order if no substantial miscarriage of justice occurred
dismissal of for want of prosecution formalities of making ..
grounds to be stated specifically justices may be ordered to show cause limitation on amount for bringing ..
no appeal from Judge to Full Court ..
powers of Court or Judge on
refusal of Judge to grant, renewal to Full Court report by justices, Court or Judge may order returnable before Full Court or Judge stay of proceedings, order in respect of
time for bringing, how calculated . . . . . . where returnable before Judge, respondent may require it to be
returnable before Full Court Appeal on Private Complaint-
applicant to be aggrieved application to Judge for costs, order, security, as to decision on, enforcement of held in chambers .•
Judges, decision final . . . . Manner of recovery, security costs security as to costs, appellant to give time to bring, how calculated to be by way of de novo ..
85225-J
s. 3 I I 18 (I)
88 (2) (c) 89 90 88 (3).
ss. 139 (2) (a), 140 (2) s. 88 (I) (a)
J02B (2) 88 (2) (a) 88 (I) (a) 88 (I) (b) 139 (I)
49 48 50 50 238 216 221 209 (I).
209 (I) 209 (4) 212 214 220 219 213 217 209 (I) . 211 ..
209 (I) 209 (5) 209 (4) 213 210 215 209 (2).
212 209 (3). 218
102o (I) 102o (I) 102o (3) 102o (4) 102o (I) 102o (2) 102o (4) 102o (3) 102o (2) (a) 102o (2) (b)
Page
3 I I 6
30 30 30 30 57,58 29 35 29 29 29 56 16 15 16 16 95 88 89 85 85 86 87 88 89 .. 1
89
.. 87
89 85 87 85 86 86 86 86 88 86 87 89 86
37 37 37 37 37 37 37 37 37 37
138 INDEX
Appeal to a single judge- adjournment of ..
availability
costs, order as to . . . . costs to be payable to Registrar decision of Judge, enforcement of
deposit of security . . . . . . . . . . . . determination, memorandum of to be forwarded by Registrar
to clerk of Court determination on to be final failure to prosecute, effect of leave of Judge to be obtained limitation on
manner of bringing . . . . . . not to be defeated by mere irregularity powers of judge on . . . . . . Special Case, statement of to Full Court to be by way of rehearing
Appellant, where absconding may be arrested Arrest-
of absconding appellant ..
without warrant, defendant to be brought before justices soon as practicable
Attorney-General-
in relation to depositions, subject to same duties as justices, etc.
to deliver documents to proper officer of court transmission of depositions to, upon committal
B
Bail-
any justice may admit where justices committing have endorsed amount
certificate as to bail ..
Committal-corporation . . . . . . duplicate certificate for sureties to enter into ..
endorsement as to amount of bail on warrant ..
judge may admit persons to bail where justices prevented justices may admit persons committed for trial justices may order forfeiture . . . . . . . . justices not to admit persons committed for sentence ..
justices not to admit persons to bail in respect of certain offences
taking of by police officers-
admission pursuant to, discharges duty of bringing before justices immediately
appearance of bailee- application of bail moneys
conditions attached to . . . .
deemed to have been taken before justice . . . . deposit of money, particulars to be given to bailee document, recognizance, etc., to be prima facie proof method of taking
non-appearance of bailee- adjournment of hearing forfeiture of bail . . . . particulars to be taken in relation to when bail not to be forfeited when may be taken Bench Charge Sheet-
when defendant not charged on complaint, etc., particulars to be entered in
Breach of duty-
complaint for, limitation of time on making meaning of term .•
Certificate of dismissal-
c
bar to subsequent complaint for some matter Certiorari-
notice to justices of application for review of warrant
s. 224 ..
222 (I) 226 232 231 ..
222 (2) 230 222 (I) 229 ..
222 (I) 222 (I) 222 (2) 228 225 227 223 241 241 69
127 128 126
116 (2) 122 (I) I 13A (5) 118 (I) 116 (I) 114 (2) 115
93 <z) (b) 113 (3) 114 (1)
69A (7) 93 (2) 69A (2) 69A (3) 69A (5) 69A (6) 69A (J) 93 (2) 93 (2) 69A (4) 93 (5) 69A (1) 42 (2)
52 4
149 236 235
Page 91 89 92 93 93 90 92 89 92 89 89 90 92 92 92 91 95 95 22
54 54 53
52 53 50 52 52 51 51 31 49 51 2 31 22 22 23 23 22 31 31 22 32 22 13
17 3
70 94 94
Chairman of a Local Authority- meaning of term . . . . . . prohibition from acting as justice to be a justice of the peace Charge of an indictable offence-
INDEX
meaning of term . . . . . . . . . . more than one may be specified in complaint Chief Stipendiary Magistrate-
appointment of justice to be . . . . . . . . . . limitation of appointment not to prevent acting elsewhere ..
words or letters after signature prima facie evidence of power to act
Clerk of the Court-
advice on adjournment of Private Complaint to be forwarded appointment of by Governor in Council . . . . . . complaint for simple offence adjourned to more convenient court, transmission of documents to clerk of such court complaint of simple offence-notice of adjournment ..
conviction, when drawn to be lodged with clerk of the court copy of complaint and summons to be lodged with
enforcement of reciprocations order . . . . . . . . hearing in absence of defendant, adjournment to be notified by meaning of term . . . . . . . .
notice to witness, defendant committed for trial notice to corporation, committed for trial seal of court, to be kept by . . . . . . to have custody of all records and proceedings ..
transfer of fine certificate, preparation and action on ..
where absent or not appointed, magistrate or police officer may perform duties of
Complainant-
competent witness to support complaint
failure to appear· on hearing, dismissal of comPI~int or adjournment
not necessary to prove negative of exemption, etc.
private complaint-failure to appear ..
Complaint-
copy of to be lodged with clerk of the court . . . . copy of to be made available to all interested persons copy of to be served with summons
defect or variance in- justices may amend
justices may amend and adjourn justices to enter particulars on proceedings description of offence in . . . . . . description of persons, etc., in as in indictments ..
dismissal, justices may give certificate of to defendant dismissal of upon failure of complainant to appear ..
hearing of-
determination by majority of justices ..
determined by Court constituted by two justices ..
justices to be present during hearing and determination lack of not to invalidate order, where defendant present limitation of time on making
meaning of term . . . . . . . . oath, to be made on when warrant to issue ..
one justice, may be received by
practice regulating hearing to be in accord with Supreme Court practice
proceedings to be commenced by re-hearing of-
simple offence by Public Officer or Member of Police Force
to be for one matter except-
matters constituted by acts done for single purpose matters constituted by same act or omission matters founded on same facts . . . . where matters charged on one indictment unnecessary where defendant in court ..
where two or more matters charged in- complainant to choose, when court may determine, when ..
each matter to be set out in paragraph . . . . separate hearing where defendant embarrassed ..
who may make Conviction-.
circumstance rendering greater penalty on, statement in complaint
drawn up and lodged with clerk of court
139
Page
s. 4 3
9 5
8 5
4 3
43 (I). 14
11 (2) 5
11 (4) 6
18 (1) 6
J02B (2) 35
22 (4) 8
139 (2) 57
142A (7) 63
151 70
54 (2}. 17
181 .. 84
142 (3) 60
4 3
123 53
113 (6) (a) 50
22 (1) 7
98A 34
175 81
31 10
74 26
141 59
76 27
102B (2) 35
54 (2) 17
154 .. 71
54 (1) 17
48 IS
49 16
50 16
47 (I). 15
46 14
149 70
141 59
28 9
27 9
29 9
239 95
52 17
4 3
51 16
24 9
148 70
42 (I) 13
142A (12) (a) 64
43 (1) (b) 14
43 (1) (b) 14
43 (1) (b) 14
43 (1) (a) 14
42 (1) 13
43 (3) 14
43 (3) 14
43 (2) 14
43 (4) 14
42 (1) 13
47 (4) 15
lSI 70
140 INDEX
Conviction-continued
formal record unnecessary unless requested Justices to re-open proceedings and rectify minute of-
making of by justices service of, manner ..
service of on defendant 0 0 not to be quashed on account of want of form previous, consideration of for penalty-
court may take account
service of notice of . . . . . .
registration of order of reciprocating court . . . . time allowed before issue of warrant of Committment or
Execution
unnecessary to show made within jurisdiction Corporation-
address-Section I 04 o o
appointment of representative charged with indictable offence committal, if no representative ..
enter of plea o o o o
meaning of representative . . . . notice of committal by Clerk of the Court representative for
Service of Notice o o
Costs-
complaint struck out, payment of costs
defendant to pay reasonable costs o o 0 o 0 0 0 0
dismissal of complaint, complainant to pay reasonable costs manner of recovery
private complaint-
payment of costs-struck out manner of recovery
security-appellant to give . . . . sum allowed for to be specified in conviction, etc.
Counsel-
complainant and defendant entitled to Court-
appointment of places for holding cancellation of place for holding-
direction as to destination of complaints, etc.
keeping of complaints by other clerk
taking of proceedings in first court d~e"med taken in second court
clerk of court for, appointment of contempt of-
apology, acceptance of method of dealing 0 0 penalty for court of record, to be ..
districts for, appointment of . . . . . . . . exclusion of persons from on ground of public morality hearing before of all offences other than indictable 0 0 hearing of simple offences, etc., in, to be public court ..
hearing of simple offence-with defendant's consent at place apprehended
holding of two or more in respect of one place meaning of term . . . . . . . .
officer of, wilfully insulting, proceedings on . . . . . . property in possession of police, order for delivery to owner records of-
in custody of clerk of the court o o 0 0 0 0
rules, making of in relation to manner of keeping seal of-
judicial notice of
to be kept by clerk of court o o 0 0
taking examination of witnesses, not a public court ..
where magistrate present, court to be constituted by
D
Decision-
allocation of amounts received pursuant to manner of enforcement ..
meaning of term . . . . money payable pursuant to--
payment by instalments security, giving of ..
time allowed for payment
So 152
142A (iO) (a)
!50 150 150 153
47 (2) 47 (3}
181 150 32 113A (3) 113A (7) (b) ll3A (I) 113A (4) 113A (2) 113A (7) (b) 113A (6) (a) 113A (2) (a) 113A (6) (b) 158 (2}
157 158 (I)
0
160 1028 (3) 1028 (3) J02D (3) 159
72 22 (3) 22 (5) 22 (5) 22 (5) 22 (4) 40 (4) 40 (3) 40 (2) 22 (I) 22 (2) 70 19 70 139 (3)
22 (6) 4 40 (I) 39 (I) 98
98A o o
22 (I) 22 (I) 71 30 (2)
0
175A 161 4 164 (2) 164 (3) 164 (I)
Page 71 62 70 70 70 71 15 15 84 70 10 50 51 50 50 50 51 50 50 50 72 72 72 73 35 35 35 73 26 7 8 8 8 8 14 13 13 7 7 23 7 23 58 8 3 12 11 33 34 7 7 24 10
82 73 3 75 75 75
INDEX
Defendant-
amendment of complaint, etc., application for adjournment appearance on Private Complaint . . . . . . . . . bringing up of prior to remand date . . . . • • . . charge may be made without complaint when present in court complaint by Public Officer or Member of Police Force discharge upon recognizance pending remand date failing to appear at hearing of simple offence--
adjournment of hearing
application of s. 146A . . . . . . detention of defendant upon execution of warrant hearing ex parte ..
issue of warrant . . . . . . . . . . justices not to imprison unless defendant notified
justices not to suspend licence, etc., unless defenda~i notified
re-hearing of ex parte hearing- effect of . . . .
when justices may grant . . . . . . . . where defendant appears, justices may suspend licence,
etc.
failing to appear after service of Notice on Private Complaint in prison at time of conviction, court may direct imprisonment
to be served at end of sentence
indictable offence, remand by justices not exceeding eight days indictable offence, verbal remand by justices not exceeding
three days
indictable offence--written statement not admitted-de- fendant unrepresented
non appearance or non compliance
meaning of term . . . . . . . . . . . . . . particulars of charge to be entered in Bench Charge Sheet ..
plea of guilty of defendant in absentia- . . . . . . adjournment of hearing . . . . . . . . . . Governor in Council may exclude provisions of s. 146A hearing and determination by court . . . . . . no order to pay fee unless notice served with summons notice of adjourned hearing
received by notice ..
withdrawal of notice plea of not guilty by-
adjourn hearing . . . . . . . .
court to hear complaint and give decision . . . . release of from commitment upon completion of recognisance sentences against may be concurrent or cumulative simple offence-with consent, dealt with to be asked for plea . . . . . . when pleading guilty, court to convict, etc.
wife or husband of, competent witness Depositions-
Attorney-General, Solicitor-General and Crown Prosecutor, subject to same duties as justices, etc.
copies of to be made available to all interested persons ..
upon committal, justices to transmit to Attorney-General or Solicitor-General
when may be read as evidence at trial of defendant- death of witness ..
member of allied Forces . . . . offence of sexual nature against child District Court-
meaning of term ..
Evidence-
mode of making ..
written statements-
of witnesses to be admitted ..
E
not admitted if defendant unrepresented when admissible
Examination of witnesses in relation to an indictable offence- addressing of defendant . . . . . . . . committal upon to court of greater convenience committed outside District-
adjournment of hearing to place where offence committed-
admission of defendant to bail binding over of witnesses
s. 49 ..
103A (I) 86 .•
42 (I) 142A (8)
87 142 (I) (d) 142 (I) (c) 143 142 (I} (a) 142 (I) (b) 142 (2) (b) 142 (2) (a) 142 (6) 142 (6) 142 (4) 103A (3)
!56 (I) 84 85 103A (4)
93 (I) (a) 4 ..
42 (2) 146A (2) 146A (6) 146A (2) 146A (4) 146A (3) 146A (2) 146A (2) 146 (I) (b) 146 (I) (a) ..
ss. ll8 (2), 122 (2) s. 156 (2)
139 (3) 145 (I) 145 (2)
75 127
!54 126 Ill Ill Ill 4
77
!lOA llOA (4)
!lOA .•
104 (2), (3) 108 (2)
133 (2) 133 (I)
141
Page 16 40 29 13 63 29 59 59 65 59 59 60 60 61 61 61 41 72 28 29 41 30 3 13 65 67 65 67 66 65 65 65 65 52,53 72 58 65 65 26 54 71 53 46 46 46 3
27 43 44 43 41,42 43
55 55
142 INDEX
Examination of witnesses in relation to an indictable offence- continued
committed outside District-continued
adjournment of hearing to place where offence com- mitted-continued
depositions previously taken may be considered by justices
documents, delivery by police officer to justices documents, delivery of to clerk of court power of justices . . . . committal of defendant for trial ..
committal-statement of witnesses defendant pleading guilty-
admission of defendant to bail . . . . . . . . admission to bail at any time before commencement of
sittings
change of venue having regard to lapse of time change of venue, expense in keeping exhibits . . . . failure of defendant to enter into recognizance to appear
for sentence, committal to gaol justices not to admit to bail justices to commit for sentence ..
Magistrate only may admit to bail ..
discharge of defendant where evidence insufficient ..
evidence insufficient to stand trial, discharge of defendant evidence, offering by defendant . . . . . . . . evidence sufficient to stand trial, committal of defendant to
stand trial
may be conducted by single justice
meaning of term . . . . . . . . . . one justice present, adjournment until two present reading of depositions of witnesses to defendant . . • • recommittal of defendant where Court does not possess
jurisdiction
reply by defendant to address by justice to be taken down room used for not a public court . . . .
statement by defendant on, admissible on trial Exception-
negative of, unnecessary for complainant to prove Execution-
amount of penalty may be recovered by default in, issue of warrant of commitment effect of warrant of . . . . keeping of person in custody pending return made mode of making . . . . . . . . . . . . . . order of court in relation to imprisonment following default in time allowed before issue of Warrant . . . .
warrant of to direct payment to clerk of the court when penalty not to be recovered by ..
where effect ruinous, imprisonment to follow Exemption-
negative of, unnecessary for complainant to prove
F
Fees-
to be paid to and received by clerk of court to be prescribed by Order in Council Forfeiture--
Justice may order Forms-
amendment of by Order in Council to be used for purposes applicable to the like effect may be used ..
Habeas corpus- H
admission to bail of person brought upon . . . . . . justices to be informed of intention of person to be discharged
on
not granted where defects in warrant of form only notice to justices of intention to apply for
s. 134 133 (3) 133 (3) 133 (I) 132 ..
110A ..
113 (2) 113 (5) 113 (4) 113 (4) (b) 113 (2) 113 (3) 113 (I) 113 (3) (5) 104 (2) 108 (I) 104 (4), (5) 108 (1) 104 (I) 4 ..
109 ..
104 (2) 129 104 (3)
71 105 76 161A 163 171 162 172 163 150 169 165 167 76
266 266
93 (2) (b) 98 98 98
237 233 234 233
Page
56 55 55 55 55 43 49 49 49 49 49 49 48 49 41 42 42 42 41 43 3 41 54 42 24 42 27 73 74 77 74 77 74 70 77 75 76 27
96 96 31 33 33 33
94 94 94 94
INDEX
Hearing-
before Magistrates Court of any offence other than indictable meaning of term ..
private complaint
Imprisonment-
cumulative, to be taken as court directs imposition of fine in lieu
I
issue of warrant for . . . . . . . . . . person undergoing to be discharged on payment to keeper of
gaol
reduction in prescribed period of ..
scale of in default of payment of penalty ..
sentences for may be concurrent or cumulative . . . . term of reduced by payment in whole or in part of penalty ..
without hard labour, imposition of Indictment-
meaning of term ..
Indictable offence- corporation charged with meaning of term ..
person charged with-
non appearance of to summons, issue of warrant non appearance on private complaint Information-
against person already in gaol, justices to direct keeper of gaol certificate as to presentation, issue of warrant by justices ..
warrant issued on failure to appear to, justices to commit him to gaol
when defendant does not appear to, clerk of arraigns to give certificate of presentation
Instalments-
moneys payable, default in one, effect of
J
Judge-
appeal by way of order to review, application to judge for ..
appeal from dismissal of Private Complaint appeal to single judge ..
power to admit certain persons to bail Jurisdiction-
meaning of term ..
Justices-
act of not invalid where done outside jurisdiction act of to be taken as within jurisdiction address to representative of Corporation ..
adjournment of hearing of simple offence, etc.- committal of witness . . . . . . costs of, determination by justices discharge of witness on recognizance in presence of parties ..
to certain time and place . . . .
to time and place determined by justices ..
admission to bail by any justice in accordance with certificate of bail
committal of corporation . . . . . .
death or ceasing to bold office not to avoid warrant or sum- mons
defendant in committal proceedings pleading guilty, justices may not admit to bail
defendant committed for trial, admission to bail deposition of witness, signing of by . . . . . . endorsement of amount of bail on back of warrant ..
exclusion of persons from court in interests of morality Executive Council, members of to be ..
bearing of complaint-
decision of majority to be decision of court
determined by two justices . . . . . . . . indictable offence, decision of Magistrate to prevail on simple offence by Public Officer or· Member of Police
Force
to be present during hearing and determination ..
when one justice may determine ..
s. 19 4 103A
156 (3) 173 155 168 173 174 ..
!56 (2) 174 173 4 ll3A (I)
4 103 103A 102 100 101 99
164
209 ..
102o (I) 222 ..
114 (2) 4 32 21 ..
ll3A (3) 90 ..
88 (3) 91 ..
88 (I) (a) . • . • ss. 88 (I) (a), 142A (6) ..
s. 88 (I) (b) 116 (2) Ji3A (4) (b), (5)
37 113 (3) 115 ..
77 (c) 116 (I)
70 10 28 27 28 ..
142A (I) 29 27
143
Page 7 3 40
72 79 72 76 79 79 72 79 79 3 50 3 40 40 35 34 34 34
75
85 37 89 51 3 10 7 49 30 29 30 29 29,62 29 52 50 11 49 51 27 52 23 5 9 9 9 62 9 9
144 INDEX
Justices-continued
hearing of private complaint~
adjournment of . . . . appearance of defendant . . . .
indictable offence, sufficient for trial . . . . . . may issue Warrant-not present after Service of Notice notice of personal appearance of defendant
Service of Notice of Adjournment witness-written statements . . . . issue under hands of summons, warrants, etc.
Judge of Supreme Court or District Court to be
may adjourn Private Complaint . . . . . . . . may dismiss Private Complaint-abuse of process frivolous or
vexatious
may issue warrant where not present at case ..
may order complainant to supply particulars may re-open proceedings and rectify order
meaning of term . . . . . . . . . . not required to issue summons where application ex parte ..
not to admit certain persons to bail . . . . . . . . one justice may grant summons or warrant ..
police officer-
duty of to bring offender before . . . . to act as if justice were within jurisdiction
within jurisdiction of, to obey warrant of . . . . refusing to carry out duties of office, order in lieu of man·
damus may issue
remand of defendant on indictable offence- admission to bail . . . . . . . . • • bringing up of defendant prior to remand date ••
on warrant for eight days .•
verbally for three days . . . . . . . . . . room used by for hearing simple offences, to be open and
public court
room used for taking examinations of witnesses not a public court
savings as to other jurisdiction . . . . . . . . . . single justice may examine witnesses in relation to indictable
offence
Stipendiary Magistrate, appointment of justice as summons, issue of in lieu of warrant ..
summons, issue of upon complaint made ..
time to re~open proceedings and rectify order ..
unnecessary to be present during whole of examination warrant, issue of after issue of summons . . . . . . warrant, issue of in lieu of summons where Act authorizes ..
warrant, issue of under certain conditions . . . . warrant of valid even if executed outside jurisdiction of ..
where clerk of court absent, may direct duties to be performed by police officer
where evidence before committal proceedings doubtful, one justice to adjourn until two present
wilfully insulting or disobeying direction of- apology, acceptance of
conviction for contempt exclusion of offender
method of dealing with . . . . . .
witness, may require production of documents by . . . . witness, refusing to answer questions, committal to prison by
L
Licence-
Justices not to suspend, etc., on hearing ex parte unless defendant notified
M
Magistrates Court-
meaning of term-( and see" Court ") Magistrates Court District-
Governor in Council-
abolish subdivide or alter boundaries of •.
appointment of . . . . . . . . appointment of places for holding courts assignment of name to
Mandamus-
order in lieu of, issue against justice not carrying out duties of office
Meaning of terms
S. 103A (2) 103A (I) 103A (2) 103A (3) ..
103A (2) (a) (b) 103A (2) ••
llOA ..
20 10 ..
1028 (2) 102c (I) 25 ..
1028 (2) . . . . 147A (I) (2) (3) (4) ..
4 55 •.
ll4 (2) 24 35 36 34 38 87 86 84 85 70 71
5 ..
104 (I) 11 {I) 58 53 ..
147A (5) liO
58 59 57 33 31 109
40 (4) 40 (I) 40 (1) 40 (3) 83 82
142 (2)
4
22 (2) 22 (2) 22 (3) 22 (2) 38
4
Page 50 40 40 41 40 40 43 7 5 35 36 9 35 69,70 3 18 51 9 11 ll 11 ll 29 29 28 29 23 24 5 41 5 20 17 70 43 20 21 20 ll 10 43 13 12 12 13 28 28
60
3
7 7 7 7 11 3