'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927' [‎88v] (191/250)

IO
(2) (i) When the offence charged is manslaughter, rape, arson, housebreaking,
robbery with violence, forgery, or perjury ; or ,
(in When the offence charged is any other than aforesaid but it appears to the
Court the opinion of the Court being recorded in the Minutes that the offence . c ^ ar g ed '
if proved, would not be adequately punished by imprisonment for three months with hard
labour, or by a fine of twenty pounds, or both such imprisonment and fine;
the case shall be tried on a charge with a jury or Assessors (according to the provisions of
this Order applicable to the Court) ; but may, with the consent of the accused, be tried
without Assessors or jury. In the Supreme Court, when the accused does not so consent,
the charge shall be tried with a jury, unless the Court is of opinion that a jury cannot e
obtained. . _. 1 n u ^ ^
h) The Supreme Court may, for any special reason, direct that any case shall be tried
with Assessors or a jury, and a Provincial Court may, for any special reason, direct that
Iny case Shall be tried with Assessors. In each such case the special reason shall be
recorded in the Minutes.
.5 (j) Where an accused person is ordered to be tried before a Court with a jury
or with'Assessors, he shall be tried as soon after the making of the order as circumstances
reasonably admit. j • u n u
(2) As lone notice of the time of trial as circumstances reasonably admit shall be
given to him in writing , "nder the seal of the Court, which notice, and the time thereo ,
shall be recorded in the Muinutes.
Summary Trial.
AI Where the complaint discloses an offence which is not required to be heard on
a charge and the Court does not think fit to direct it to be heard on a charge, the accused
L V be tried summarily on the complaint : Provided that no greater punishment shall be
imposed than imprisonment with or without hard labour for three months, or a fine of twenty
pounds, or both.
Preliminary. Examination.
^^ Where the accused is before the Court, and it appears to the Court that the
complaint discloses an offence
{a) Which ought to be tried in or reported to another Court j or
[h] Which ought to be tried before the same Court with a jury or Assessors ;
the Court shall forthwith so inform the accused, and proceed to make a preliminary
examination in the prescribed manner. ^ ^
(2) If after such preliminary examination the accused_ is ordered to be tried, the
Court shall bind by recognizance the prosecutor and every witness to appear at the trial to
prosecute, or to prosecute and give evidence, or to give evidence (as the case may be).
4 q . fi) If a British subject, having appeared as prosecutor or witness at a prelim-
inarv examination, refuses to enter into a recognizance to appear at the trial to prosecute
or give evidence, the Court may send him to prison, there to remain until after the tna ,
unless in the meantime he enters into a recognizance.
(2) But if afterwards, from want of sufficient evidence or other cause, the accused is
discharged, the Court shall order that the person imprisoned for so refusing be also dis
charged. #
(i) Where the prosecutor or witness is not a British subject, the Court may require
him either to enter into a recognizance or to give other security for his attendance at the
trial, and, if he fails to do so, may in its discretion dismiss the charge.
e 0 . (x) The charge upon which an accused person is tried shall state the offence
charged with such particulars as to the time and place of the alleged offence, and the
person (if any) against whom or the thing (if any) in respect of which it was committed as
are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is equivalent to a statement that every condition
required by law to constitute the offence charged was fulfilled in the particular case.
f-j) Where the nature of the case is such that the particulars above mentioned do not
give such sufficient notice as aforesaid, the charge shall also contain such particulars of
the manner in which the alleged offence was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute law, a charge framed under the
provisions of this Order shall be deemed to be an indictment.
c [. For every distinct offence of which any person is accused there shall be a separate
charge, and ever /such charge shall be tried separately, except in the cases following (that
is to say) :— '' ^ A "
frt) Where a person is accused of more offences than one of the same kind committed
within the space of twelve months from the first to the last of such offences, he may be
charged with, and tried at one trial for, any number of them not exceeding three.