CRIMINAL JUSTICE (ADMINISTRATION) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Criminal Procedure

   2   As to indictments to be preferred at the Circuit Courts. Directions to be observed in preferring indictments

   3   Director of Public Prosecutions may direct persons bound over for trial at any Circuit Court to be tried before other Courts

   4   Director of Public Prosecutions may enter or direct nolle prosequi to be entered

   5   Persons committed for trial to be brought for trial not later than the second Circuit after their commitment

   6   No person entitled to postponement of trial

   7   Plea of autrefois convict etc

   8   Trial of offences committed near parish boundaries or on journeys

   9   Venue of indictment

   10   Person upon being arraigned pleading "not guilty"

   11   Plea of "not guilty" to be entered when person arraigned stands mute of malice, or will not answer directly

   12   Provision against defeat of justice in consequence of technical niceties

   13   No judgment after verdict to be stayed or reversed for the want of a similiter, etc

   14   Consecutive sentences

   15   On trial of indictment for felony or misdemeanour

   16   Certain offences punishable with or without hard labour

   17   Persons convicted of certain misdemeanours may, in addition to imprisonment, be sentenced to hard labour

   18   Punishment for common law misdemeanours

   19   Power to impose imprisonment With hard labour in place of penal servitude

   20   Power to amend errors and defects in criminal cases

   21   No indictment shall be quashed for error or defect in form or substance unless point raised at trial

   22   Joint trial in summary cases

   23   Certain proceedings to be in camera

   24   Jurisdiction in respect of indictable offences committed overseas by persons acting in the service of the Government

 

Fitness to Stand Trial

   25   Determination of fitness

   25A   Trial of issue of fitness

   25B   Proceedings after verdict of fitness

   25C   Proceedings where defendant is unfit

   25D   Periodic reports reprdina unfit defendant

   25E   Special verdict in case of mental disorder

   26-28   [Repealed by Act 1 of 2006 s 4.]

 

Continuous Bail

   29   Continuous bail

 

Abolition of Presumption of Coercion

   30   Abolition of presumption of coercion of married woman by husband

 

Crown Witnesses Leaving Island

   31   Crown witnesses may be required not to quit the Island before giving evidence

 

Proof of Previous Conviction

   32   Manner of proving previous conviction as well as identity of the person charged, etc

 

Prohibition of Photographing of Prisoners

   33   Offences

 

As to Accessories Before the Fact

   34   Accessories before the fact may be tried and punished as principals

   35   Accessories before the fact may be indicted as such or as substantive felons

 

As to Accessories After the Fact

   36   Accessories after the fact may be indicted as such, or as substantive felons

   37   Punishment of accessories after the fact

 

As to Accessories Generally

   38   Prosecutions of accessory after principal has been convicted, but not attainted

   39   Several accessories may be included in the same indictment although principal felon not included

 

Venue

   40   Trial of accessories

 

As to Abettors in Misdemeanours

   41   Abettors in misdemeanours

 

Vice-Admiralty Jurisdiction, Offences Within

   42   Vice-Admiralty jurisdiction

 

PART II
Habitual Criminals

   43   Register of criminals

   44   Returns for purposes of register

   45   Official returns as to persons convicted of crimes

   46   Offences under Part II after a second conviction of crime. Powers of taking such offender into custody

   47   Power of Court to place offenders under supervision of the Police

   48   Proceedings on indictment for committing a crime after previous conviction

   49   As to the description of the offence, and as to evidence, in proceedings under this Part

   50   Power of remand

   51   Penalty for harbouring thieves

 

Assaults on Police

   52   Assaults on police

   53   Definition of terms under Part II

 

Detention of Habitual Criminals

   54   Preventive detention

      Who is to be deemed a habitual criminal

      Procedure

 

PART IIA.
Supervision of Restricted Persons

   54A   Definition of terms under Part IIA

   54B   Designation of restricted persons

   54C   Restrictions on restricted persons

   54D   Register

   54E   Duties of registration officer

   54F   Establishment of Restricted Persons Review Tribunal

   54G   Functions of the Tribunal

   54H   Application for review

   54I   Recommendation of Tribunal

   54J   Decision of Minister

   54K   Reapplication for review

   54L   Offences

   54M   Regulations

 

PART III
As to Reserving Questions of Law for Consideration of the Court of Appeal

   55   Questions of law may be reserved for consideration of the Court of Appeal

   56   Judge or Resident Magistrate to state case with the questions of law reserved, for Court of Appeal

   57   Registrar of the Court of Appeal to certify judgment and order of Court of Appeal

   58   Judgment of the Court of Appeal to be delivered in open Court

   59   Court of Appeal may send back case for amendment

   60   Court of Appeal may order a new trial, etc

   61   Court of Appeal may amend defects and errors in any judgment, etc

 

Effect of Endurance of Punishment of Felonies

   62   Effect of punishment in felonies not capital to have effect of pardon

 

PART IV
Matters concerning writ of habeas corpus and order of certiorari

   63   Procedure on application for habeas corpus

   64   Power of Supreme Court to vary sentence on certiorari application

      SCHEDULES

 

THE CRIMINAL JUSTICE (ADMINISTRATION) ACT

[Date of Commencement: 17th July, 1960]

Cap 83.

Laws
40 of 1960,
15 of 1962.

Acts
42 of 1963,
42 of 1969,
21 of 1970,
18 of 1991,
2 of 1994,
19 of 2000,
1 of 2006,
12 of 2009.

1   Short title

   This Act may be cited as the Criminal Justice (Administration) Act.

PART I
Criminal Procedure (sections 2-42)

2   As to indictments to be preferred at the Circuit Courts

   (1) All indictments preferred at the Circuit Courts shall commence in the appropriate form as set forth in rule 2 of the Schedule to the Indictments Act.

   Directions to be observed in preferring indictments

   (2) No indictment for any offence shall be preferred unless the prosecutor or other person preferring such indictment has been bound by recognizance to prosecute or give evidence against the person accused of such offence, or unless the person accused has been committed to or detained in custody, or has been bound by recognizance to appear to answer to an indictment to be preferred against him for such offence, or unless such indictment for such offence be preferred by the direction of, or with the consent in writing of a Judge of any of the Courts of this Island, or by the direction or with the consent of the Director of Public Prosecutions, or of the Deputy Director of Public Prosecutions, or of any person authorised in that behalf by the Director of Public Prosecutions.

   (3) It shall be lawful for the Clerk of any Circuit Court to insert in any indictment presented for trial at such Court, any count or counts, being such as may be lawfully joined with the rest of such indictment, if the same be founded (in the opinion of the Court in or before which such indictment is preferred) upon the facts or evidence disclosed in the examinations or depositions taken before a Resident Magistrate or Justice, in the presence of the person accused, or proposed to be accused by such indictment, and transmitted or delivered to such Court in due course of law.

3   Director of Public Prosecutions may direct persons bound over for trial at any Circuit Court to be tried before other Courts

   It shall be lawful for the Director of Public Prosecutions to direct in the case of any person committed or bound over for trial at any Circuit Court, that such person shall be tried before any Resident Magistrate's Court or Justices which or who may have jurisdiction to try such person for the offence for which he is so committed or bound over for trial. Such direction shall be given to the Clerk of the Court before which such person is to be tried, and if such person is in prison notice of such direction shall be given to the Superintendent or other head officer of such prison. The Director of Public Prosecutions shall cause notice of such direction to be given to the witnesses under recognizance, and if the accused is on bail shall cause notice of such direction to be given to such persons and to his bail, and if such notices are so given a reasonable time before the time fixed for the inquiry before the Resident Magistrate's Court or Justices, the witnesses and such person and his bail shall in all respects be in the same position and under the same duties and liabilities as if such witnesses and person had been originally bound over to appear before such Resident Magistrate's Court, or Justices. If such notice is not so served upon such person the original binding over shall stand, and such person shall be tried at the Circuit Court, and all the duties and liabilities of such person and of his bail shall be the same as if no such direction had been given.

4   Director of Public Prosecutions may enter or direct nolle prosequi to be entered

   (1) It shall be lawful for the Director of Public Prosecutions or for the Deputy Director of Public Prosecutions by his direction in writing, in any criminal proceedings whatever before Justices, or before any Court having criminal jurisdiction at any time, and whether the person accused has been committed or bound over for trial or not, to enter a nolle prosequi to such proceeding, by stating in open Court to such Justice or Court where the proceedings are pending, or by whom the accused has been committed or bound over for trial, or by informing in writing the Clerk or other proper officer of such Justice or Court that the Crown intends not to continue such proceedings, and thereupon the proceedings shall be at an end. It shall be the duty of such Justices or Court, if the accused has been committed for trial. to cause notice in writing, in the Form A of the Schedule, or to the like effect of such nolle prosequi, to be forthwith given to the Superintendent or other head officer of the prison in which the accused is detained, and on receipt of such notice the accused person shall at once be discharged in respect of the charge for which the nolle prosequi is entered; and such notice shall be a sufficient authority to the Superintendent or head officer of the prison so to discharge such accused person:

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