CODE OF CRIMINAL PROCEDURE (ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 1. Short title and Commencement: Extent. 2. (Repealed) 3. References to Code of Criminal Procedure and othe
Report CopyRight/DMCA Form For : Criminal Procedure Act
LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 2 Chap 12 02 Criminal Procedure,Index of Subsidiary Legislation. Criminal Procedure Change of Venue Rules LN 203 1980 56. The Indictment Rules are contained in the First Schedule to this Act See page 34. Note on Increase of Fines, Section 8 of the Law Revision Miscellaneous Provisions Act 1980 47 of 1980 provides that. as from 31st July 1981 date of publication of the Revised Edition of the Laws of Trinidad and. Tobago a fine prescribed by any written law not published in the Revised Edition shall be. increased in accordance with the provisions of paragraph 1 b c and d of the Second Schedule. to the Law Revision Act Ch 3 03,Note on Transfer of Provisions. Section 41A and 41B of the Interpretation Act 1962 Act No 2 of 1962 have been transferred. to this Act and appear in this Edition as sections 47 and 48. UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 3,CHAPTER 12 02,CRIMINAL PROCEDURE ACT. ARRANGEMENT OF SECTIONS,1 Short title,2 Interpretation. PLACE TIME AND MODE OF TRIAL,3 Trials in Port of Spain. Trials in San Fernando,Trials in Tobago, Transfer of case from San Fernando or Tobago to Port of Spain. Director of Public Prosecutions power to transfer cases. Procedure for transfer of cases,Trial of cases transferred. 4 Number of Courts to be held at the Port of Spain Criminal Sessions. 5 Chief Justice may direct holding of more than one Court at. San Fernando Criminal Sessions,6 Mode of trial,7 Issues of law. 8 Issues of fact,PROCEEDINGS PRELIMINARY TO TRIAL, 9 Director of Public Prosecutions may discharge prisoner. 10 Private prosecution, 11 Right of Director of Public Prosecutions to enter nolle prosequi. INDICTMENTS,12 Rules as to indictments,13 General provisions as to indictments. Form of indictments,Joinder of charges in the same indictment. 14 Orders for amendment of indictment separate trial and. postponement of trial,15 Savings,Application to criminal informations etc. UNOFFICIAL VERSION L R O,UPDATED TO DECEMBER 31ST 2015. LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 4 Chap 12 02 Criminal Procedure,ARRANGEMENT OF SECTIONS Continued. ATTENDANCE OF WITNESSES, 16 Attendance of witness bound by recognisance to attend. 17 Writs of subpoena,18 Duty to prepare subpoenas,19 Service of subpoenas. 20 Warrant for apprehension of witness not attending on recognisance. 21 Warrant for apprehension of witness disobeying summons. 22 Fine for non attendance of witness, 23 Warrant for apprehension of witness in first instance. 24 Mode of dealing with witness refusing to be sworn etc. 25 Non attendance of witness adjourned trial,EXPENSES OF WITNESSES. 26 Expenses of witnesses for the prosecution,27 Expenses of witnesses for accused. 28 Ascertainment of witness s expenses,PROCEEDINGS AT TRIAL AND SUBSEQUENT. PROCEEDINGS, 29 Bench warrant where accused person does not appear. 30 Arraignment of accused person,31 Indictment to be read to accused. 32 Procedure on plea or demurrer by accused,33 Plea of autrefois convict or autrefois acquit. 34 Alternative plea,35 Accused may require postponement. 36 Effect on recognisance of postponement of trial. 37 Effect of plea of not guilty,37A Proof by formal admission. 38 Case for the prosecution,39 Case for the defence. 40 Right of reply,41 Calling of witnesses by Judge. 42 Summing up,42A Written directions to jury,43 Consideration of verdict. 44 Recording of verdict,UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015. LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 5,45 Verdict of not guilty. 46 Sentence after conviction, 47 Where no penalty specified for indictable offence. 48 Power to impose fine,49 Consecutive periods of imprisonment. 50 Conviction for arrestable offence after previous conviction. 51 Procedure in case of previous convictions,52 Proof of previous conviction. 53 Persons convicted may be condemned in costs,54 Compensation to persons defrauded or injured. 55 Costs of private prosecution,56 Place of imprisonment. Solitary confinement,57 Warrant of execution,PROCEDURE ON COMMITTAL OF ACCUSED. FOR SENTENCE, 58 Accused to be brought before a Judge to be dealt with. Plea by accused committed for sentence, Proceedings on plea of not guilty or if indictment is not sustainable. Special pleas competent to person committed for sentence. 59 Withdrawal by accused of consent to his committal for sentence. Filing of notice of withdrawal,Case may be referred back to the Magistrate. Evidence thereof, 60 Powers of Court and Judge when dealing with committals for. Attendance of officials and records in such cases, 61 Notice by person committed for trial of intention to plead guilty. Subsequent proceedings as for committal for sentence. SENTENCE TO BE PASSED ON AN EXPECTANT,MOTHER GUILTY OF A CAPITAL OFFENCE. 62 Sentence of death not to be passed on pregnant woman. Procedure where woman convicted of capital offence alleges she is. Constitution of the jury,Evidence and proof, Right to allege pregnancy in stay of execution abolished. UNOFFICIAL VERSION L R O,UPDATED TO DECEMBER 31ST 2015. LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 6 Chap 12 02 Criminal Procedure,ARRANGEMENT OF SECTIONS Continued. TRIAL AND VERDICT IN CASES OF INFANTICIDE,63 Offence of infanticide. ARRAIGNMENT AND TRIAL OF INSANE PERSONS, 64 Procedure where person indicted appears on arraignment to be. 65 Procedure where person indicted appears during trial to be insane. 66 Special verdict where accused person found guilty but insane at date. of act charged, 67 Provision for custody of accused person found insane. 68 Court to report finding to President,PARDON AND COMMUTATION OF SENTENCES. 69 Free or conditional pardon,70 Commutation of punishment. 71 Circumstantial evidence,72 Admissibility of evidence. 73 Description of coin and notes,Currency note,MISCELLANEOUS PROVISIONS. 74 Marshal to attend all sittings of Court,75 Gaol delivery. 76 Procedure for enforcing recognisance,77 Power to make Rules. FIRST SCHEDULE Indictment Rules,SECOND SCHEDULE Warrant of Execution. UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 7,CHAPTER 12 02,CRIMINAL PROCEDURE ACT. An Act to regulate the procedure in criminal cases triable on 1950 Ed. indictment 22 of 1925,2ND JUNE 1925 Commencement, 1 This Act may be cited as the Criminal Procedure Act Short title. 2 1 In this Act Registrar Deputy Registrar and Interpretation. Assistant Registrars mean the Registrar Deputy Registrar and. Assistant Registrars appointed as such under the Supreme Court Ch 4 01. of Judicature Act, 2 The Deputy Registrar and the Assistant Registrars. may perform any duty imposed on the Registrar by sections. 18 1 19 28 30 32 44 46 52 70 and 76,PLACE TIME AND MODE OF TRIAL. 3 1 All persons committed within the Counties of Trials in. Port of Spain, St George St David and St Andrew or within the Wards of 3 of 1957. Chaguanas and Cunupia in the County of Caroni for trial for any 1 of 2000. offence shall be tried at Port of Spain, 2 All persons committed within the Counties of Trials in. San Fernando, Victoria St Patrick Nariva and Mayaro or within the Wards of 3 of 1957. Couva and Montserrat in the County of Caroni for trial for any. offence shall be tried at San Fernando, 3 All persons committed within the Ward of Tobago Trials in. for trial for any offence shall be tried in Tobago. 4 Notwithstanding subsections 2 and 3 a Judge Transfer of case. may in any case either before the trial or on the arraignment of Fernando or. any person so committed if satisfied that a fair trial cannot be Port of Spain. had at San Fernando or in Tobago order that the trial of such. person shall take place at Port of Spain,UNOFFICIAL VERSION L R O. UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 8 Chap 12 02 Criminal Procedure, Director of 5 Notwithstanding subsections 1 2 and 3 the. Prosecutions Director of Public Prosecutions whenever he considers that the ends. power to of justice so require or that having regard to all the circumstances it. transfer cases, 1 of 2000 is desirable to do so in the interests of securing the more expeditious. hearing and determination of cases may in any case. a enter for trial at San Fernando any criminal case which. but for this section would be triable at Port of Spain. b enter for trial at Port of Spain any criminal case which. but for this section would be triable at San Fernando. c transfer the trial of any case entered for trial at. Port of Spain to San Fernando and, d transfer the trial of any case entered for trial at. San Fernando to Port of Spain, e enter for trial at Tobago any criminal case which. but for this section would be triable at Port of,Spain or San Fernando. f enter for trial at Port of Spain any criminal case. which but for this section would be triable at, g transfer the trial of any case entered for trial at. Port of Spain or San Fernando to Tobago, h transfer the trial of any case entered for trial at. Tobago to Port of Spain or San Fernando,i enter for trial at Chaguaramas any criminal. offence to which subsection 6 refers which but,for this paragraph would otherwise be triable at. Port of Spain San Fernando or Tobago, j transfer the trial of any criminal offence to which. subsection 6 refers entered for trial at Port of,Spain San Fernando or Tobago to Chaguaramas. 6 The offences to which subsection 5 i and j apply are. a all drug trafficking offences as defined in the,Ch 11 25 Dangerous Drugs Act. b all offences under sections 6 9 10 12 15 and,Ch 16 01 31 of the Firearms Act. c all offences under Parts V and VI of the,Dangerous Drugs Act. UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 9,d an offence of conspiracy to commit any of the. offences mentioned in paragraphs a b and c and,e an offence of attempting inciting aiding. abetting counselling or procuring the,commission of any of the offences mentioned in. paragraphs a b and c, 7 A transfer under subsection 5 shall be effected by Procedure for. transfer of, delivering to the Registrar ten clear days at least before the day cases. of trial a warrant for such transfer signed by the Director of 1 of 2000. Public Prosecutions and the Registrar by himself or his. assistants six clear days at least before the trial shall serve on the. accused a copy of such warrant by delivering the same to him. personally or leaving the same at the place appointed for that. purpose in the recognisance entered into by the accused. 8 Where a criminal case is entered for trial or transferred Trial of cases. transferred, under this section the case shall be tried and determined at the place 1 of 2000. to which it was so entered for trial or to which it was transferred. and all recognisances subpoenas and proceedings in or relating to. the case shall thereupon be deemed to be returnable at such place. and all witnesses who are bound by recognisance or summoned to. attend the trial shall attend at such place, 4 At every Criminal Sessions of the Court for the trial of Number of. Courts to be, criminal cases at Port of Spain two of the Judges shall hold held at the. Port of Spain, separate Courts and each of such Judges shall try all offences Criminal. that are brought before him for trial The Chief Justice may direct Sessions. that one Court only shall be held at such Sessions and he may. also if he considers it expedient to do so direct that more than. two Courts shall be held at such Sessions and if he so directs. such number of Judges as are determined by him shall hold. separate Courts at such Sessions, 5 For the purposes of any Criminal Sessions of the Court Chief Justice. may direct, for the trial of criminal cases at San Fernando the Chief Justice holding of more. than one Court, may direct that more than one Court shall be held and if he so at San Fernando. directs the number of Judges designated by him shall hold Sessions. separate Courts at such Sessions 22 of 1954,UNOFFICIAL VERSION L R O. UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 10 Chap 12 02 Criminal Procedure, Mode of trial 6 Every person committed for trial shall be tried on an. indictment and subject to the provisions of this Act every such. trial shall be held by and before a Judge and jury. Issues of law 7 Whenever any issue of law is joined between the State. 45 of 1979, 18 of 1994 and any person indicted for any offence the issue shall be tried. and determined by the Court according to written law. Issues of fact 8 Whenever any issue of fact is joined between the State. 45 of 1979, 18 of 1994 and any person indicted for any offence the issue shall subject. to this Act be tried and determined as nearly as may be according. to written law,PROCEEDINGS PRELIMINARY TO TRIAL, Director of 9 The Director of Public Prosecutions shall have the power. Prosecutions to order the liberation of any person committed to prison for. may discharge further examination or for trial and to discharge from. 136 1976 prosecution any person released on bail for which release or. 18 of 1994, discharge a writing subscribed by the Director of Public. Prosecutions setting forth that he sees no grounds for prosecuting. such person shall be a sufficient warrant, Private 10 When any party injured or complaining desires to. prosecution, 136 1976 prosecute any person for whose liberation from prison a warrant. may have been issued by the Director of Public Prosecutions. under section 9 it shall be competent for such party upon. entering into such recognisance as is required under this Act to. apply to the Court or if the Court is not in session to any Judge. for a warrant for the further detention in prison of that person or. in case of his being already liberated for his recommittal for trial. and the Court or Judge shall thereupon make such order therein. as the Court or Judge thinks fit, Right of 11 Where a person charged with an offence triable on. Director of, Public indictment is committed to prison or released on bail in respect of. Prosecutions to such offence the Director of Public Prosecutions may at any time. enter nolle, prosequi before the trial file in the Court the preliminary examinations upon. 18 of 1994 which such prisoner was so committed for trial or released on bail. UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 11, and put in a declaration in writing signed by him to the effect that. considering the evidence adduced against such person in the. preliminary examinations to be insufficient he will not upon such. evidence further prosecute such person in respect of such offence a. copy of the said declaration certified by the Registrar shall be. served by the Registrar by himself or his Assistants by delivering the. same to the person so committed for trial or released on bail or. leaving the same at his usual place of abode or at the place specified. in the recognisance for the receiving of any indictment against such. person in respect of such offence and in such case the person so. committed for trial if in custody shall be forthwith discharged or if. released on bail the recognisance of bail shall be discharged or. cancelled but such discharge shall not operate as a bar to any. subsequent proceedings against such person on the same facts. INDICTMENTS, 12 The Rules contained in the First Schedule with respect to Rules as to. indictments, indictments shall have effect as if enacted in this Act but those First Schedule. Rules may be added to varied or annulled by further Rules made. by the Rules Committee of the Supreme Court under this Act. 13 1 Every indictment shall contain and shall be General. provisions as to, sufficient if it contains a statement of the specific offence or indictments. offences with which the accused person is charged together with. such particulars as may be necessary for giving reasonable. information as to the nature of the charge, 2 Notwithstanding any rule of law or practice an Form of. indictments, indictment shall subject to this Act not be open to objection in. respect of its form or contents if it is framed in accordance with. the Rules under this Act, 3 Subject to the Rules under this Act charges for more Joinder of. charges in the, than one offence may be joined in the same indictment same indictment. 45 of 1979, 14 1 Where before trial or at any stage of a trial it Orders for. amendment of, appears to the Court that the indictment is defective the Court indictment. separate trial, shall make such order for the amendment of the indictment as the and. Court thinks necessary to meet the circumstances of the case postponement. unless having regard to the merits of the case the required 18 of 1994. amendments cannot be made without injustice,UNOFFICIAL VERSION L R O. UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 12 Chap 12 02 Criminal Procedure,2 Where an indictment is so amended a note of the. order for amendment shall be endorsed on the indictment and the. indictment shall be treated for the purposes of the trial and for the. purposes of all proceedings in connection therewith as if it had. been originally presented in the amended form, 3 Where before trial or at any stage of a trial the Court. is of opinion that a person accused may be prejudiced or. embarrassed in his defence by reason of being charged with more. than one offence in the same indictment or that for any other reason. it is desirable to direct that the person should be tried separately for. any one or more offences charged in an indictment the Court may. order a separate trial of any count or counts of such indictment. 4 Where before trial or at any stage of a trial the. Court is of opinion that the postponement of the trial of a person. accused is expedient as a consequence of the exercise of any. power of the Court under this Act to amend an indictment or to. order a separate trial of a count the Court shall make such order. as to the postponement of the trial as appears necessary. 5 Where an order of the Court is made under this, section for a separate trial or for the postponement of a trial. a if such an order is made during a trial the Court. may order that the jury are to be discharged,from giving a verdict on the count or counts the. trial of which is postponed or on the indictment,as the case may be and. b the procedure on the separate trial of a count shall. be the same in all respects as if the count had been. presented in a separate indictment and the, procedure on the postponed trial shall be the same. in all respects if the jury has been discharged as. if the trial had not commenced and,c the Court may make such order as to releasing. the accused person on bail and as to the,enlargement of recognisances and otherwise as. the Court thinks fit,UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015. LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 13, 6 Any power of the Court under this section shall be in. addition to and not in derogation of any other power of the Court. for the same or similar purposes, 15 1 Nothing in sections 12 13 and 14 or Rules made under Savings. this Act shall affect the law or practice relating to the jurisdiction of. a Court or the place where an accused person can be tried nor. prejudice or diminish in any respect the obligation to establish by. evidence according to law any acts or intentions which are legally. necessary to constitute the offence with which the person accused is. charged nor otherwise affect the laws of evidence in criminal cases. 2 The provisions of sections 12 13 and 14 relating to Application to. indictments shall apply to any plea replication or other criminal pleading informations. with such modifications as may be made by Rules under this Act etc. 45 of 1979,ATTENDANCE OF WITNESSES, 16 Every person who is bound by recognisance to attend at any Attendance of. witness bound, Criminal Sessions as a witness whether for the prosecution or for the by recognisance. defence in any case to be tried at such Sessions shall be bound to to attend. attend the Court whether or not he has received any subpoena or. notice on the day appointed for the trial of such case and on. subsequent days of the Sessions until the case has been disposed of. or until he has been discharged by the Court from further attendance. 17 1 Every person whose attendance as a witness Writs of. whether for the prosecution or for the defence is required in any. case and who has not been bound by recognisance to attend as a. witness at the Criminal Sessions at which such case is to be tried. shall be summoned by a writ of subpoena, 2 Every such subpoena shall issue in the name of the. State and shall be tested in the name of the Chief Justice. 18 1 Subject to subsection 2 the Registrar shall on being Duty to prepare. furnished with the names and places of abode of any witnesses on 12 of 1962. behalf of the prosecution or defence whose attendance is required. to be secured by subpoena prepare for service a writ or writs of. subpoena directed to such witnesses together with as many copies. thereof as there may be witnesses named in such writ or writs. UNOFFICIAL VERSION L R O,UPDATED TO DECEMBER 31ST 2015. LAWS OF TRINIDAD AND TOBAGO, MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. 14 Chap 12 02 Criminal Procedure,2 Notwithstanding subsection 1 the Registrar may. before a subpoena directed to any witness whose attendance is. required on behalf of the defence is prepared require to be satisfied. by evidence on oath or otherwise that that witness is likely to be able. to give material evidence and the Deputy Registrar or an Assistant. Registrar may exercise the like powers in relation to any application. for any such subpoena directed to the Registrar Nothing in this. subsection shall be deemed to prejudice any right or power of the. Court at the trial to call or permit to be called any witness. 3 When application is made to postpone any trial by. reason of the absence of any witness it shall be taken as prima. facie evidence liable nevertheless to be rebutted that the party. applying for such postponement has not exercised all due and. necessary diligence to secure the attendance of such witness if it. appears that no subpoena to such witness was requested four clear. days at the least before the first day of the Criminal Sessions. Service of 19 The Registrar by himself or his assistants shall with all. diligence serve or attempt to serve a copy of the writ of subpoena. upon each witness to be served and shall note every such service or. attempted service with the time thereof upon the original writ of. subpoena and shall endorse and subscribe thereon a certificate of. the service or non service thereof as the circumstances of the case. may require any such certificate shall be prima facie evidence of. the facts stated therein, Warrant for 20 If any person who has been bound by recognisance to. apprehension of, witness not attend as a witness whether for the prosecution or for the defence. attending on,recognisance, at the trial of any case does not attend the Court on the day. appointed for the trial of such case and no reasonable excuse is. offered for such non attendance the Court may issue a warrant to. apprehend such person and to bring him at a time to be mentioned. in the warrant before the Court in order to give evidence on. behalf of the prosecution or of the defence as the case may be. Warrant for 21 If any person to whom any writ of subpoena is directed. apprehension of, witness does not attend the Court at the time and place mentioned therein. disobeying and no reasonable excuse is offered for such non attendance then. after proof upon oath to the satisfaction of the Court that the writ. UNOFFICIAL VERSION,UPDATED TO DECEMBER 31ST 2015,LAWS OF TRINIDAD AND TOBAGO. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www legalaffairs gov tt. Criminal Procedure Chap 12 02 15, was duly served or that the person to whom the writ is directed. wilfully avoids service the Court being satisfied by proof upon. oath that he is likely to give material evidence may issue a warrant. to apprehend such person and to bring him at a time to be. mentioned in the warrant before the Court in order to give evidence. on behalf of the prosecution or of the defence as the case may be. 22 Any person who makes default in attending as a witness Fine for. non attendance, in either of the cases mentioned in section 20 or 21 is liable on of witness. the summary order of the Court to a fine of one thousand dollars. and in default of payment to imprisonment for two months. 23 1 If a Judge is satisfied by proof upon oath that any Warrant for. apprehension of, person likely to give material evidence either for the prosecution witness in first. or for the defence on the trial of any case will not attend to give instance. evidence without being compelled to do so he may order that. instead of a subpoena being issued a warrant shall be issued in. the first instance for the apprehension of such person. 2 Every person arrested under any such warrant shall. if the trial of the case for which his evidence is required is. appointed for a time which is more than twenty four hours after. the arrest be taken before a Judge and the Judge may on his. furnishing security by recognisance to the satisfaction of the. Judge for his appearance at such trial order him to be released. from custody or shall on his failing to furnish such security. order him to be detained for production at such trial. 24 1 If any person attending the Court as a witness either Mode of dealing. with witness, on his recognisance or in obedience to a subpoena or by virtue refusing to be. of a warrant or being present in Court and being verbally. required by the Court to give evidence in any case. a refuses to be sworn as a witness or,b having been sworn as a witness refuses to. answer any question put to him by or with the,sanction of the Court or. c refuses or neglects to produce any document,which he is required by the Court to produce. UNOFFICIAL VERSION L R O,UPDATED TO DECEMBER 31ST 2015.
22-Nov-2019 64 Views 290 Pages
CODE OF CRIMINAL PROCEDURE (ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 1. Short title and Commencement: Extent. 2. (Repealed) 3. References to Code of Criminal Procedure and othe
18-Nov-2019 33 Views 5 Pages
THE PRINCIPLE OF SEPARATION OF JUDICIAL FUNCTIONS Denisa BARBU Abstract The fundamental principles of the criminal procedure are general rules applicable throughout the criminal procedure in order to achieve its purpose. The fundamental principles are covered by art. 2-12 C.C.P. and are: the legality of criminal procedure, separating the ...
16-Nov-2019 30 Views 317 Pages
Criminal Procedure Code [Rev. 2012] [Issue 1] C44 - 10 Section 209. Repealed. 210. Acquittal of accused person when no case to answer. 211. Defence. 212. Evidence in reply. 213. Order of speeches. 214. Variance between charge and evidence, and amendment of charge. 215. Decision. 216. Evidence relative to proper sentence or order.
26-Nov-2019 29 Views 235 Pages
EU Criminal Procedure JUSTiCE 9 pass to the European Parliament for its consideration, (though in practice the European Parliament will already have been considering the text in parallel with the Council). The Council is responsible for adoption of legislation following co-decision with Parliament. It operates through rolling six month Presidencies
30-Dec-2019 28 Views 138 Pages
52. Search by police without warrant
10-Dec-2019 25 Views 30 Pages
The criminal law allows the State to punish us or to threaten to punish us for not obeying these rules and procedures. The threat of punishment is also used to prevent behaviour that society does not want to happen. Our criminal law comes from common law and from statute law. Our statute law is always changing as new crimes are created and as old
10-Dec-2019 24 Views 235 Pages
Criminal Procedure Bench Book xii I extend my special gratitude to Katiba Institute, Commonwealth Human Rights Initiative, GIZ Kenya, International Development Law Organization (IDLO), United Nations Development Program (UNDP), Judiciary Performance Improvement Project (JPIP), and National Council for
06-Jan-2020 23 Views 96 Pages
In The Name of GOD, Most Gracious, Most Merciful. His Highness - Sheikh Hamad Bin Khalifa Al-Thani Emir of the State of Qatar. His Highness - Sheikh Tameem Bin Hamad Al-Thani The Heir Apparent. 5 LAW NO. (23) OF 2004 CRIMINAL PROCEDURE CODE We, Emir of the State of Qatar, Hamad Bin Khalifa Al Thani, Having cognizance of Amended Temporary Basic Law, particularly the articles (23), (34), and (51 ...
10-Jan-2020 22 Views 40 Pages
2 R.V.Kelkar, Criminal Procedure, K.N.Chandrasekharan Pillai (Rev.)4 th ed. 2001(Rep.,2003) ,pp500-503. 3 For instance, if the convict is a bread winner then the court might provide that the convict be given such work that he gets paid for it and the payment be made to his family.
31-Dec-2019 22 Views 35 Pages
COMPARATIVE ANALYSIS OF CERTAIN CRIMINAL PROCEDURE TOPICS IN ISLAMIC, ASIAN, AND COMMON LAW SYSTEMS Angela Tang INTRODUCTION This paper will analyze two criminal ...
25-Dec-2019 22 Views 32 Pages
Amendments in the Code of Criminal Procedure, 1898 COMPARATIVE STATEMENT SHOWING EXISTING SECTIONS AND PROPOSED AMENDMENTS IN THE Cr.P.C Approved By the Law Reforms Committee constituted by the Prime Minister of Pakistan
26-Jan-2020 20 Views 288 Pages
3 LAWS OF MALAYSIA Act 593 CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS PART I PRELIMINARY CHAPTER I Section 1. Short title 2. Interpretation 3. Trial of offences under Penal C
25-Dec-2019 20 Views 217 Pages
THE CODE OF CRIMINAL PROCEDURE, 1898 (ACT NO. V OF 1898). [22nd March, 1898] Procedure. 1 An Act to consolidate and amend the law relating to the Criminal
10-Jan-2020 19 Views 76 Pages
law and criminal procedure have remained subjects that are within the legislative competence of both Parliament and the provincial legislatures.6 The Police Act, 1861 (the "Act") remained applicable in Pakistan as a central law7 after the issuance of the Pakistan (Adaptation of Existing Pakistan Laws)
16-Dec-2019 19 Views 200 Pages
1.(1) This Act may be called the Code of Criminal Procedure, 1898; and it shall come into force on the first day of July, 1898. Extent (2) It extends to the whole of Bangladesh; but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special 2[ * * *] law now in force, or any special jurisdiction or
10-Dec-2019 18 Views 140 Pages
59. Disposal of article where no criminal proceedings are instituted, where it is not required for criminal proceedings or where accused admits his guilt. 60. Article to be transferred to court for purposes of trial. 61. Disposal of article after commencement of criminal proceedings. 62. Forfeiture of article to State. 63.
28-Jan-2020 14 Views 240 Pages
law commission of india 200th report on trial by media free speech and fair trial under criminal procedure code, 1973 august 2006 1
10-Dec-2019 14 Views 221 Pages
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 Criminal Law (Sentencing) Amendment Act 38 of 2007 Criminal Procedure Amendment Act 65 of 2008 Judicial Matters Amendment Act 66 of 2008 Child Justice Act 75 of 2008 Criminal Law (Forensic Procedures) Amendment Act 6 of 2010 Criminal Procedure Amendment Act 9 of 2012
19-Jan-2020 13 Views 22 Pages
1 Jury Instructions Advanced Criminal Procedure North Carolina Judicial College Justice Paul M. Newby May 8, 20141 Indictment and Jury Instructions ...
16-Dec-2019 13 Views 93 Pages
Rules of Procedure and Evidence of the International Criminal Court do not affect the procedural rules for any national court or legal system for the purpose of national proceedings. ** The Rules of Procedure and Evidence are reproduced from the Official Records of the Assembly of States Parties
03-Feb-2020 12 Views 306 Pages
Ethiopian Criminal Procedure Teaching Material ... Ababa University Law School Library and Ethiopian Civil Service College ... CC The Criminal Code of the Federal
27-Jan-2020 12 Views 7 Pages
INTENSIVE LEGAL ENGLISH TRAINING COURSE FOR EJN CONTACT POINTS: FOCUS ON JUDICIAL COOPERATION IN CRIMINAL MATTERS 5th training course 22-26 September 2014 The Hague, Netherlands Premises of the EJN secretariat Maanweg 174 2516 AD The Hague Event number: 314DV135. Target group EJN Contact Points and Delegated Contact Points from all EU jurisdictions. Application procedure Applicants must be EJN ...