On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 25/06/2010.
210.
—(1) Whenever the Public Prosecutor is of the opinion that there is sufficient evidence to afford a foundation for a full and proper trial, he shall, by fiat in writing signed by himself, designate the High Court to try —
(a)
an offence specified in the Third Schedule; or
(b)
the offences referred to in section 175(4) for which an accused may be tried at the same trial in the High Court.
(2) Upon receipt of the fiat referred to in subsection (1) together with the charge, the Magistrate’s Court shall cause the charge to be read and explained to the accused and thereafter —
(a)
transmit the case to the High Court for the purpose of trial; and
(b)
order that the accused shall be remanded in custody until and during the trial, unless he is released on bail.
211. If the Public Prosecutor has by his fiat designated the High Court for the trial of the accused, he may nevertheless by subsequent fiat addressed to the High Court designate a District Court or a Magistrate’s Court for the trial.
212.
—(1) After the case has been transmitted to the High Court, the accused and the prosecution shall, unless the Registrar of the Supreme Court for good reason directs otherwise, attend a first criminal case disclosure conference, not earlier than 4 weeks from the date of transmission as directed by the Registrar of the Supreme Court for the purpose of settling the following matters:
(a)
the filing of the Case for the Prosecution and the Case for the Defence;
(b)
any issues of fact or law which are to be tried by the trial judge at the trial proper;
(c)
the list of witnesses to be called by the parties to the trial;
(d)
the statements, documents or exhibits which are intended by the parties to be admitted at the trial; and
(e)
the trial date.
(2) The Registrar of the Supreme Court must not make any order in relation to any matter referred to in subsection (1) in the absence of any party if the order is prejudicial to that party.
(3) Where an accused informs the Registrar of the Supreme Court during any criminal case disclosure conference conducted under this Division that he intends to plead guilty to the charge, the Registrar must fix a date for his plea to be taken in accordance with Division 3 of Part XI.
213.
—(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the accused does not indicate that he wishes to plead guilty to the charge, the prosecution must file in the High Court the Case for the Prosecution and serve a copy of this on the accused and every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the first criminal case disclosure conference or such date to which the first criminal case disclosure conference is adjourned.
(2) Where at a criminal case disclosure conference, the accused indicates that he wishes to claim trial to more than one charge, the Case for the Prosecution to be served under subsection (1) shall only relate to those charges that the prosecution intends to proceed with at the trial.
(3) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference not earlier than 7 days from the date the Case for the Prosecution is to be filed under this section.
214. The Case for the Prosecution must contain the following:
(a)
a copy of the charge which the prosecution intends to proceed with at the trial;
(b)
a list of the names of the witnesses for the prosecution;
(c)
a list of exhibits that are intended by the prosecution to be admitted at the trial;
(d)
the statements of the witnesses under section 264 that are intended by the prosecution to be admitted at the trial; and
(e)
any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.
215.
—(1) If, at the further criminal case disclosure conference held on the date referred to in section 213(3) or on such other date to which the further criminal case disclosure conference has been adjourned under section 238 —
(a)
the accused does not indicate that he wishes to plead guilty, the defence may file in the High Court the Case for the Defence and serve a copy on the prosecution and on every co-accused claiming trial with him, if any, not later than 2 weeks from the date of the criminal case disclosure conference; or
(b)
the accused indicates that he does not wish to file the Case for the Defence, the Registrar of the Supreme Court may fix a date for trial in the High Court.
(2) The Registrar of the Supreme Court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under this section and after the prosecution is to serve on the defence copies of the statements and records referred to in section 218(1).
216. If, at the criminal case disclosure conference held on the date referred to in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to him, in accordance with the prescribed form, what he may do under section 215(1)(a), the effect of section 218 and the consequences provided under section 221.
217.
—(1) The Case for the Defence must contain —
(a)
a summary of the defence to the charge and the facts in support of the defence;
(b)
a list of the names of the witnesses for the defence;
(c)
a list of the exhibits that are intended by the defence to be admitted at the trial; and
(d)
if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —
(i)
a statement of the nature of the objection;
(ii)
the issue of fact on which evidence will be produced; and
(iii)
the points of law in support of such objection.
Illustration 1 |
A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter IV of the Penal Code (Cap. 224) applied in this case). |
Illustration 2 |
The accused, A, intends to challenge, at the trial, the voluntariness of his statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements he intends to challenge and the facts that he intends to rely on to support his challenge. |
(2) Notwithstanding subsection (1), an accused who is not represented by an advocate need not state any —
(a)
objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or
(b)
point of law in support of any objection raised by the defence.
218.
—(1) After the Case for the Defence has been served on the prosecution, the prosecution must, within 2 weeks from the date of service, serve on the accused or his advocate copies of —
(a)
all other statements given by the accused and recorded by an officer of a law enforcement agency under any law in relation to the charge or charges which the prosecution intends to proceed with at the trial; and
(b)
criminal records, if any, of the accused, upon payment of the prescribed fee.
(2) Where the Case for the Defence has not been served on the prosecution, the prosecution —
(a)
need not serve on the defence any statement or record referred to in subsection (1); and
(b)
may use any such statement or record at the trial.
219. If, at the further criminal case disclosure conference held on the date referred to in section 215(2), the accused does not indicate that he wishes to plead guilty, the Registrar of the Supreme Court may fix a date for trial.
220. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co-accused is charged, the Registrar of the Supreme Court may do all or any of the following:
(a)
order the prosecution to serve on the co-accused the Case for the Prosecution in relation to the accused;
(b)
order the accused to serve on the co-accused his Case for the Defence, if any.