Criminal Procedure Act

Link to law: http://laws.gov.ag/acts/chapters/cap-117.pdf
Published: 0000

Criminal Procedure (CAP. 117 1

CHAPTER 117

THE CRIMINAL PROCEDURE ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

PART I

APPREHENSION OF OFFENDER

3. Constable or peace officer may apprehend without
warrant.

4. Persons offering goods suspected to be stolen may be
apprehended.

5. Apprehension by private persons of night offenders.
6. Constable, &c., may apprehend persons found loiter-

ing about at night.
7. Proceedings before magistrate.

PART I1

PROCEEDINGS PRELIMINARY T O TRIAL

8. When accused committed for trial copy of depositions
to be supplied to Director of Public Prosecutions.

9. Power of Director of Public Prosecutions to remit cause
for further inquiry.

10. Power of Director of Public Prosecutions to remit cause
to be dealt with summarily.

11. Power of Director of Public Prosecutions to remit case
for committal.

12. Further provision as to remission of cause.
13. Right of Director of Public Prosecutions to enter nolle

prosequi.
14. Institution of proceedings.

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2 CAP. 117) Criminal Procedure

PART I11

INDICTMENTS, &c.

15. Mode of trial.
16. Filing and service of copy of indictment.
17. Bringing of prisoners before the Court for trial.

PART IV

DILATORY PLEAS, ARRAIGNMENT, &c.

18. Further time to plead.
19. Plea of not guilty puts defendant on trial.
20. Persons standing mute.
21. Pleas of autrefois convict or acquit.

PART V

TRIAL, DEFENCE, VERDICT, &c.
Defence by counsel.
Rule for addresses by counsel to jury.
Accused entitled to inspect depositions at trial without

fee.
Accused entitled to a copy of the depositions.
Punishment of person attempting to commit felony or

misdemeanour, offence not being completed.
No person, after trial for any offence, to be tried for

attempting to commit same offence.
Where a person is on trial for misdemeanour, and the

facts amount to felony, such party is not entitled
to acquittal.

Verdict of assault may be found where felony charged.
Proceedings upon indictment for committing any offence

after a previous conviction.
In treason or felony, jury not to enquire, oflands, goods,

&c.
No forfeiture of chattel which caused death.

PART VI

EVIDENCE, ATTENDANCE O F WITNESSES,
AMENDMENT, JUDGMENTS, Etc.

33. Depositions may be read in evidence for other offence
than that for which were taken.

34. Attendance of witness bound by recognizance to attend.

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Criminal Procedure (CAP. 117 3

Writs of subpoena.
Duty to prepare subpoenas.
Service of subpoenas.
Warrant for apprehension of witness not attending on

recognizance.
Warrant for apprehension of witness disobeying

summons.
Fine for non-attendance of witness.
Warrant for apprehension of witness in first instance.
Mode of dealing with witness refusing to be sworn etc.
Non-attendance of witness at adjourned trial.
Any person confined in any prison may be conveyed

to the place at which such prisoner is required.
Crime or interest does not incapacitate a witness.
Persons so offered as witnesses are compellable to give

evidence.
Laws of England in relation to procedure to be in force,

unless otherwise provided for.
Where second jury, same right to challenge as in the

first jury.
Mode of making up record on conviction.
Judgment not to be stayed or reversed for want of

similiter, &c.

PART VII

ARRAIGNMENT AND TRIAL O F INSANE PERSONS

5 1. Procedure where person indicted appears on arraign-
ment to be insane.

52. Procedure where person indicted appears during trial
to be insane.

53. Special verdict where accused person found guilty, but
insane at date of act or ommission charged.

54. Provision for custody of accused person found insane;
55. Judge to report finding to Governor-General.

PART VIII

PUNISHMENT - IMPRISONMENT

56. Similar punishment for capital offences whether by ver-
dict or confession.

57. Mode of punishment for felony not capital.
58. Rescue of a prisoner in custody and felonious rescue.
59. Procuring discharge of prisoner by false pretence.

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4 CAP. 117) Criminal Procedure

60. Prisoner escaping to undergo unexpired term with fur-
ther imprisonment.

61. Punishment of felonies less than capital.
62. Where no definite term of imprisonment is fixed by law.
63. Sentence to commence from day of passing same.
64. Imprisonment for a subsequent felony, before expira-

tion of imprisonment for prior offence.
65. Persons convicted may be sentenced by the Court to

be imprisoned, &c.

PART IX

JUDGMENT O F DEATH

66. Execution of prisoner under sentence of death.
67. Judge to report case of any prisoner under sentence of

death, and Judge in certain cases may reprieve.
68. Prisoner, after sentence of death, to be kept apart in

safe custody.
69. Governor-General to appoint place of execution.
70. Execution within walls of prison.

PART X

PARDONS

7 1. Crown may extend Royal mercy.
72. When pardon granted, offender still liable for any other

felony or offence.
73. Nothing herein to affect the Royal Prerogative.

PART XI

UNDERGOING SENTENCE EQUIVALENT
T O PARDON

74. Imprisonment to have the effect of a pardon, but the
person pardoned is liable for subsequent felony.

PART XI1

GENERAL PROVISIONS

75. Felonies within Admiralty jurisdiction.
76. Nothing to affect Her Majesty's land or naval forces.
77. Continuous bail.
78. Taking of recognizance of bail.
79. Definition of "month" in sentence of imprisonment.

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Criminal Procedure (CAP. 117 5

80. Recovery of costs.
81. Power of Supreme Court to fine on conviction of felony.
82. Power of Court in relation to fines.
83. Incidental provisions as to fines.

SCHEDULE.

CRIMINAL PROCEDURE

211901.
511916.

(24th March, 1873.) 1111945.
S.R.O. 2211956.

1411957.
1511961.

S.R.O. 4611981.

1. This Act may be cited as the Criminal Procedure
Act.

2. In the interpretation of this Act, and of any other Interpretation.
Act relating to criminal law, unless there be something in
the enactment, or in the context, indicating a different mean-
ing, or calling for a different construction-

(a) , "indictment" includes "information7 ' and
"inquisition" as well as indictment, and also any plea,
replication, or other pleadings, and any record;

"property" includes goods, chattels, money, valuable
securities, and every other matter or thing, whether
real or personal, upon or with respect to which any
offence may be committed;

"the Court" means the High Court or any Judge
thereof.

(6) Whenever in any Act relating to any offence,
whether punishable on indictment or summary convic-
tion, any word has been used or employed in describ-
ing or referring to the offence, or to the subject matter
on or with respect to which it may be committed, or
to the offender, or the party affected, or intended to
be affected, by the offence, such Act shall be understood
to include several matters of the same kind as well as
one matter, and, when a forfeiture or penalty is made
payable to a party aggrieved, it shall be payable to a

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CAP. 117) Criminal Procedure

body corporate in case such a body be the party
aggrieved.

( c ) Whenever a person doing a certain act is
declared to be guilty of any offence and to be liable to
punishment therefor, it shall be understood that such
person shall only be deemed guilty of such offence and
liable to such punishment after being duly convicted of
such act, and whenever, it is provided that the offender
shall be liable to different degrees or kinds of punish-
ment, it shall be understood that the punishment to be
inflicted will be subject to the limitations contained in
the enactment, in the discretion of the Court, or tribunal,
before which such conviction takes place.

PART I

APPREHENSION O F OFFENDERS

Constable or
peace officer may

3. Any person, found committing an offence
apprehend punishable either upon indictment or upon summary con-
without warrant. viction, may be immediately apprehended by any constable,

or peace officer, without a warrant, or by the owner of the
property on or with respect to which the offence is being
committed, or by his servant, or any other person authorized
by such owner, and shall be forthwith taken before a
Magistrate to be dealt with according to law.

Persons offering 4. If any person, to whom any property is offered to
goods suspected
to be stolen may be sold, pawned or delivered, has reasonable cause to suspect
be that any such offence has been committed with respect to

such property, he may, and, if in his power, he shall,
apprehend and forthwith carry before a Magistrate the par-
ty offering the same, together with such property, to be dealt
with according to law.

Apprehension by
private persons

5. Any person may apprehend any other person found
of night committing any indictable offence in the night, and shall
offenders. convey or deliver him to some constable, or other person

in order that he may be taken, as soon as he conveniently
may be, before a Magistrate to be dealt with according to law.

Constable, &c.,
may apprehend

6. Any constable or peace officer may, without a war-
persons found rant, take into custody any person whom he finds loitering
loitering at or lying in any highway, yard, or other place during the
night.

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Criminal Procedure (CAP. 117 7

night, and whom he has good cause to suspect of having
committed, or being about to commit, any felony, and may
detain such person until he can be brought before a
Magistrate to be dealt with according to law:

Provided that no person, apprehended as aforesaid, shall
be detained longer than forty-eight hours without being
brought before a Magistrate.

7. The proceedings to be had before any Magistrate, :',";:dings
when any offender is brought before him, shall, subject to magistrate.
any special provision contained in any Act relating to the
particular offence with which the offender is charged, be
regulated by the provisions of the Magistrate's Code of Pro- Cap- 255,
cedure Act, relating to the summary jurisdiction (criminal)
of Magistrates.

PART I1

8. When a person is committed for trial under the pro- p;:i;;d,
visions of the Magistrate's Code of Procedure Act, the ,,id copy of
Registrar shall, as soon as practicable after the written in- depositions to be

supplied to
formation (if any), the depositions and the statement of the o;recto,
accused have been delivered to him in accordance with the ~ ~ ~ ~ ; u t i o n s .
provisions of the said Act, cause a copy of the said documents cap. 255.
to be made and delivered to the Director of Public
Prosecutions.

9. At any time after the receipt of the copy of the $=;fof
documents mentioned in the preceding section and before Public
the sitting of the Court to which the accused person has been ~~~~~f~
committed for trial, the Director of Public Prosecutions may, further inquiry.
if he thinks fit, remit the cause to the Magistrate with direc-
tions to re-open the inquiry for the purpose of taking evidence
or further evidence on a certain point or points to be specified,
and with any other directions he thinks proper.

10. If after the receipt of the copy of the documents Ez2fof
mentioned in section 8 the Director of Public Prosecutions Public
is of opinion that the accused person should not have been ~~~''t~b,
committed for trial but that the matter should have been dealt with
dealt with summarily, the Director of Public Prosecutions "mmaril~-
may, if he thinks fit, at any time after that receipt,

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8 CAP. 117) Criminal Procedure

remit the cause to the Magistrate with directions to deal with
it accordingly, and with any other directions he thinks proper.

Power of
Director of 1 . (1) In any case where the Magistrate discharges
Public an accused ~erson. the Director of Public Prosecutions mav
Prosecutions to
remit case for require the Magistrate to send to him the depositions taken
committal. in the cause, or a copy thereof, and any other documents

or things connected with the cause which he thinks fit.

(2) If, after the receipt of those documents and things,
the Director of Public Prosecutions is of opinion that the
accused person should have been committed for trial, the
Director of Public Prosecutions may, if he thinks fit, remit
them to the Magistrate, with directions to deal with the matter
accordingly, and with any other directions he thinks proper.

Further provision 2 . (1) Any directions given by the Director of Public
as to remission
of cause. Prosecutions under sections 9, 10 and 11 shall be in writing

and shall be complied with by the Magistrate but the Direc-
tor of Public Prosecutions may at any time add to, alter or
revoke any such directions.

(2) Whenever the Director of Public Prosecutions gives
any directions under section 9, 10 or 11, the following pro-
visions (where necessary or applicable) shall have effect, that
is to say-

(a) the Registrar at the request in writing of the
Director of Public Prosecutions shall send back to the
Magistrate the original documents transmitted to him
by the Magistrate;

(b) where the accused person is in custody, the
Magistrate may, by an order in writing under his hand,
direct the keeper of the prison having his custody to
convey him or cause him to be conveyed to the place
where the proceedings are to be held for the purpose
of being dealt with as the Magistrate directs;

(c) where the accused person is on bail or is at
liberty, the Magistrate shall issue a summons for his
attendance at the time and place when and where the
proceedings are to be held; and

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Criminal Procedure (CAP. 117 9

(4 thereafter the proceedings shall be continued
under the provisions of the Magistrate's Code of Pro- Cap. 255 .
cedure Act as if the accused person had not been com-
mitted for trial or had not been discharged, as the case
may be, and, in the case of any directions given under
section 10, in the same manner as if the Magistrate had
himself formed an opinion in terms of section 48 of the
first-mentioned Act.

13. (1) At any time after the receipt of the copy of g!,h;: of Public
the documents mentioned in section 8, and either before or Prosecutions to
at the trial and at any time before verdict the Director of ~ ~ ~ f ; ' z e
Public Prosecutions may enter nolleprosequi either by stating
in Court or by informing the Court in writing addressed
to the Registrar that the Crown intends that the proceedings
shall not continue, and, thereupon, the accused person shall
be at once discharged in respect of the charge for which nolb
prosequi is entered, and if he has been committed to prison,
shall be released, or if he is on bail, his recognizance shall
be discharged, but his discharge shall not operate as a bar
to any subsequent proceedings against him on the same facts.

(2) If the accused person is not before the Court when
nolle prosequi is entered, the Registrar shall cause notice in
writing of the entry to be given to the keeper of the prison
in which the accused is detained, and also to the Magistrate
of the district in which he was committed for trial, and the
Magistrate shall forthwith cause a similar notice in writing
to be given to any witnesses bound over to give evidence
at the trial and to the accused and his sureties if he has been
admitted to bail.

14. On receipt of the copy of the documents relating ~ ~ ~ ~ $ ~ ~ . f
to the preliminary inquiry, the Director of Public Prosecu-
tions, if he sees fit to do so, shall institute such criminal pro-
ceedings in the Supreme Court against the accused person
which to him seem proper.

PART I11

15. Every person committed for trial shall be tried Mode of trial.
on an indictment filed by the Director of Public Prosecutions:

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10 CAP. 117) Criminal Procedure

Provided that nothing in this section shall affect the right
of the Director of Public Prosecutions to file a criminal
information.

Filing and service
of copy of 16. (1) Subject to the provisions hereafter in this sec-
indictment. tion contained, every indictment shall be filed in the Registry

of the Supreme Court five days at least before the day of
trial of the accused person charged in the indictment.

(2) The Registrar shall, four days at least before the
day of trial, deliver or cause to be delivered to the keeper
of the prison to which the accused person has been commit-
ted to await his trial, or to which he would in due course
have been so committed if he had not been admitted to bail,
a certified copy of the indictment, and the copy shall be given
by the keeper to the accused person forthwith, if he is in
custody, or when he applies for it, if he is on bail.

(3) Whenever the keeper of a prison delivers a copy
of the indictment to an accused person he shall notify the
Registrar of the fact and any such notification purporting
to be signed by the keeper shall be prima facie proof of the
fact that the copy aforesaid was delivered to the accused per-
son, and at the time and on the date, mentioned therein.

(4) Whenever the Court orders or allows another
indictment to be preferred at the same sitting of the Court
for the same offence or for a minor offence, the accused per-
son shall not be entitled to have a copy served upon him
for a longer period than twenty-four hours before his
arraignment on the other indictment.

(5) Notwithstanding the foregoing provisions of this sec-
tion, an indictment may be filed at any time before the first
day of the sitting of the Court, but, in such event, the accused
person shall be entitled to apply to the Court for a postpone-
ment of the trial to another sitting of the Court on the ground
that he has not had sufficient time to prepare his defence.

Bringing of 17. (1) The Superintendent of the prison shall, by
prisoners before
the Court for himself or by his deputy, be in attendance at all times whilst
trial. the Court is sitting, and shall bring each prisoner awaiting

trial before the Court when his case is called for trial, and
during the continuance of the trial shall have him under his

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Criminal Procedure (CAP. 117 11

charge and custody, and from time to time remand him to
prison by permission or order of the Court during the pro-
gress of the trial or on any adjournment thereof.

(2) The Commissioner of Police shall afford any
assistance necessary to enable the keeper to comply with the
requirements of this section.

PART IV

18. No person prosecuted shall be entitled, as of right, Further time to
plead. to traverse, or postpone, the trial of any indictment presented

against him in any Court, or to have time allowed him to
plead, or demur, to any such indictment:

Provided that, if the Court before whom any person
is so indicted, upon the application of such person, or other-
wise, is of opinion that he ought to be allowed a further time
to plead or demur, or to prepare for his defence or other-
wise, such Court may grant such further time to plead or
demur, or may adjourn the receiving or taking of the plea
or demurrer, and the trial (as the case may be) of such per-
son, to some future time of the sitting of the Court, or to
the next, or any subsequent, sitting of the court, and upon
such terms as to bail, or otherwise, as to the Court seems
meet, and may, in the case of adjournment to another session
or sitting, respite the recognizances of the prosecutor and
witnesses accordingly; in which case the prosecutor and
witnesses shall be bound to attend to prosecute and give
evidence at such subsequent session or sitting, without enter-
ing into any fresh recognizances for that purpose.

19. If any person, being arraigned upon any indict- Plea of not guilty
puts defendant

ment for any indictable offence, pleads thereto "not guilty", ,,
he shall, by such plea, without any further form, be deemed
to have put himself upon the country for trial, and the Court
may, in the usual manner, order a jury for the trial of such
person accordingly.

20. If any person, being arraigned upon any indict- Persons standing
mute.

ment for any indictable offence, stands mute of malice, or
will not answer directly to the indictment, in every such case
it shall be lawful for the Court, if it thinks lit, to order the
proper officer to enter a plea of "not guilty7' on behalf of

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12 CAP. 117) Criminal Procedure

such person, and the plea so entered shall have the full force
and effect as if such person had actually pleaded the same.

Pleas of
autrefois convict

2 1. In any plea of autrefois convict or autrefois acquit,
or acquit. it shall be sufficient for any defendant to state that he has

been lawfully convicted or acquitted (as the case may be)
of the offence charged in the indictment.

PART V

Defence by
counsel.

22. All persons tried for any indictable offence shall
be admitted, after the close of the case for the prosecution,
to make full answer and defence thereto by counsel learned
in the law.

Rule for
addresses by

23. (1) Upon any trial, the addresses to the jury shall
counsel to jury. be regulated as follows:

the counsel for the prosecution, in the event of the defen-
dant, or his counsel, not announcing, at the close of the case
for the prosecution, his intention to adduce evidence, shall
be allowed to address the jury a second time at the close
of such case, for the purpose of summing up the evidence;
and the accused, or his counsel, shall then be allowed to open
his case, and also to sum up the evidence, if any be adduced
for the defence, and the right of reply shall be in accordance
with the practice of the Courts in England.

(2) Where the only witness to the facts of the case call-
ed by the defence is the person charged he shall be called
as a witness immediately after the close of the evidence for
the prosecution. In cases where the right of reply depends
upon the question whether evidence has been called for the
defence, the fact that the person charged has been called as
a witness shall not of itself confer on the prosecution the right
to reply:

Provided that the right of reply shall be always allowed
to the Director of Public Prosecutions, or to any counsel
acting on behalf of the Crown.

Accused entitled
to inspect

24. All persons under trial shall be entitled, at the
depositions at time of their trial, to inspect, without fee or reward all deposi-
trial without fee. tions (or copies thereof) taken against them, and returned

into the Court before which such trial is had.

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Criminal Procedure (CAP. 117 13

25. Every person indicted shall be entitled to a copy ~ ; ~ ~ ; ~ ~ : ~
of the depositions returned into Court: depositions.

Provided (if the same are not demanded before the open-
ing of the term, sittings or sessions) the Court is of opinion
that the same can be made without delay to the trial, but
not otherwise; but the Court may, if it see fit, postpone the
trial on account of such copy of the depositions not having
been previously had by the person charged.

26. If, on the trial of any person charged with any ;;'tjment of
felony or misdemeanour, it appears to the jury, upon the attempting to
evidence, that the defendant did not complete the offence ~~~~i~~,or
charged, but that he was guilty only of an attempt to com- offence not being
mit the same, such person shall not, by reason thereof, be completed.
entitled to be acquitted, but the jury shall be at liberty to
return, as their verdict, that the defendant is not guilty of
the felony or misdemeanour charged, but is guilty of an
attempt to commit the same; and thereupon such person shall
be liable to be punished in the same manner as if he had
been convicted on an indictment for attempting to commit
the particular felony or misdemeanour charged in the
indictment.

27. No person shall be tried or prosecuted for an Zap;;;,";;fter
attempt to commit any felony or misdemeanour, who has offence, to be
been previously tried for committing the same offence. :Ed,$;g to

commit same
offence.

28. If, upon the trial of any person for any mis- p;;;izp"
demeanour, it appears that the facts given in evidence, while ,~sdemeanou,,
they include such misdemeanour, amount in law to a felony, and the facts

amount to
such person shall not by reason thereof, be entitled to be felony, such
acquitted of such misdemeanour (and the person tried for p arty is not

entitled to
such misdemeanour, if convicted, shall not be liable to be acquittal.
afterwards prosecuted for felony on the same facts) unless
the Court before which such trial is had thinks fit, in its discre-
tion, to discharge the jury from giving any verdict upon such
trial, and to direct such person to be indicted for felony,
in which case such person may be dealt with, in all respects,
as if he had not been put upon his trial for such
misdemeanour.

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14 CAP. 117) Criminal Procedure

Verdict of assault
may be found

29. On the trial of any person for any felony
where felony whatever, where the crime charged includes an assault against
charged. the person, although an assault be not charged in terms,

the jury may acquit of the felony, and find a verdict of guil-
ty of an assault against the person indicted, if the evidence
warrants such finding, and the person so convicted shall be
liable to be imprisoned for any term not exceeding two years,
with or without hard labour.

Proceedings upon 30. The proceedings upon any indictment for com-
indictment for
committing any mitting any offence after a previous conviction, or convic-
offence after a tions, shall be as follows (that is to say) : the offender shall,
previous
conviction. in the first instance, be arraigned upon so much only of the

indictment as charges the subsequent offence, and if he plead
not guilty, or if the Court orders a plea of not guilty to be
entered on his behalf, the jury shall be charged, in the first
instance, to enquire concerning such subsequent offence only,
and, if they find him guilty, or if on arraignment he pleads
guilty, he shall then, and not before, be asked whether he
was so previously convicted as alleged, and, if he answers
that he was so previously convicted, the Court may proceed
to sentence him accordingly, but, if he denies that he was
so previously convicted, or stands mute of malice, or will
not answer directly to such question, the jury shall then be
charged to enquire concerning such previous conviction or
convictions, and in such case it shall not be necessary to swear
the jury again, but the oath already taken by them shall,
for all purposes, be deemed to extend to such last mentioned
enquiry:

Provided that, if, upon the trial of any person for any
such subsequent offence, such person gives evidence of his
good character, it shall be lawful for the prosecutor, in answer
thereto, to give evidence of the conviction of such person
for the previous offence, or offences, before such verdict of
guilty is returned, and the jury shall enquire concerning such
previous conviction, or convictions, at the same time that
they enquire concerning such subsequent offence.

In treason or
felony, jury not

3 1. The jury empanelled to try any person for treason
to enqulre of 01. felony shall not be charged to enquire concerning his lands,
lands, goodst tenements, or goods, nor whether he has fled for such treason

or felony.

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Criminal Procedure (CAP. 117 15

32. There shall be no forfeiture of any chattels which :;azf$;z of
may have moved to or caused the death of any human being, death.
in respect of such death.

PART VI

33. Depositions taken in the preliminary or other ~ ' ~ ~ ~ i ~ , " " may
investigation of any charge against any person may be read evidence for
as evidence in the prosecution of such person for any other ~~~~t~~~~
offence whatsoever, upon the like proof, and in the same which they were
manner in all respects, as they may, according to law, be taken.
read in the prosecution of the offence with which such person
was charged when such depositions were taken.

34. Every person who is bound by recognizance to Attendance of
witness bound by attend at any criminal sessions or sittings of the Court as recognizance to

a witness, whether for the prosecution or for the defence, attend.
in any case to be tried at such sessions or sittings, shall be
bound to attend the Court, whether or not he has received
any subpczna or notice, on the day appointed for the trial
of such case, and on subsequent days of such sessions or
sittings, until the case has been disposed of, or until he has
been discharged by the Court from further attendance.

35. (1) Every person whose attendance as a witness, writs of
subpoena.

whether for the prosecution or for the defence, is required
in any case, and who has not been bound by recognizance
to attend as a witness at the criminal sessions or sittings at
which such case is to be tried, shall be summoned by a writ
of subpczna.

(2) Every such subpczna shall issue in the name of th:
Queen, and shall be tested in the name of the Chief Justice.

36. (1) Subject to the provisions of subsection (2), E d ~ d , " ~ y p ~ ~ ~
it shall be the duty of the Registrar, on being furnished ,with
the names and places of abode of any witnesses on behalf
of the prosecution or defence whose attendance is required
to be secured by subpczna, to prepare for service a writ or
writs of subpena directed to such witnesses, together with
as many copies thereof, as there may be witnesses named
in such writ or writs.

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16 CAP. 117) Criminal Procedure

(2) Notwithstanding the provisions of subsection (I), it
shall be lawful for the Registrar, before a subpoena directed
to any witness whose attendance is required on behalf of the
defence is prepared, to require to be satisfied by evidence
on oath or otherwise that that witness is likely to be able
to give material evidence:

Provided that nothing in this subsection shall be deem-
ed to prejudice any right or power of the Court at the trial
to call, or permit to be called, any witness.

(3) When application shall be 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 exer-
cised all due and necessary diligence to secure the attendance
of such witness if it shall appear that no subpoena to such
witness was requested four clear days at the least before the
first day of the criminal sessions or sittings.

Service of
subpenas.

37. 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
apprehension of

38. If any person who has been bound by
witness not recognizance to attend as a witness, whether for the pro-
attending On secution or for the defence, at the trial of any case does not
recognizance.

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 39. If any person to whom any writ of subpoena is
apprehension of
witness directed does not attend the Court at the time and place men-
disobeying
summons.

tioned therein, and no reasonable excuse is offered for such

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 17

non-attendance, then, after proof upon oath, to the satisfac-
tion of the Court, that the writ 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.

40. Every person who makes default in attending as ftrndfoarnct;
a witness in either of the cases mentioned in the two last ,itness.
preceding sections shall be liable, on the summary order of
the Court, to a fine of one thousand dollars, and in default
of payment, to imprisonment for two months.

41. (1) If a Judge is satisfied, by proof upon oath, $p~&L2;n of
that any person likely to give material evidence either for ,it,,, in first
the prosecution or for the defence, on the trial of any case, instance.
will not attend to give evidence, without being compelled
to do so, he may order that, instead of a subpcena 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 recognizance, to the satisfac-
tion of the Judge, for his appearance at such trial, order him
to be released from custody, or shall, on his failing to fur-
nish such security, order him to be detained for production
at such trial.

42. (1) If any person attending the Court as a witness, hf;Fzzdng
either on his recognizance, or in obedience to a subpcena, refusing to be
or by virtue of a warrant, or being present in Court and etc.

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, refuses to answer any ques-
tion put to him by or with the sanction of the Court, or

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 117) Criminal Procedure

( 6 ) refuses or neglects to produce any document
which he is required by the Court to produce,

without in any such case offering any sufficient excuse for
such refusal or neglect, the Court may, if it thinks fit, adjourn
or postpone the trial of the case for any period not exceeding
eight days, and may in the meantime, by warrant, commit
such person to prison.

(2) If such person, upon being brought before the Court
at or before such adjourned or postponed trial, again refuses
to do what is so required of him, the Court may, if it thinks
fit, again adjourn or postpone the trial of the case, and com-
mit him in like manner, and so again from time to time
until such person consents to do what is so required of him.

(3) Every such person who is guilty of such refusal or
neglect shall also be liable, on the summary order of the
Court, either in addition to or in lieu of such punishment,
to a fine of one thousand dollars, and in default of payment,
to imprisonment for two months.

(4) Nothing herein contained shall affect the liability
of any such person to any other punishment or proceeding
for refusing or neglecting to do what is so required of him,
or shall prevent the Court from disposing of the case in the
meantime, according to any other sufficient evidence pro-
duced before it.

Non-attendance
of witness at

43. Every witness who is present when the trial or
adjourned trial. further trial of a case is adjourned, or who has been duly

notified of the time to which such trial or further trial is so
adjourned, shall be bound to attend at such time, and in
default of so doing, may be dealt with in the same manner
as if he had failed to attend before the Court in obedience
to a subpoena to attend and give evidence.

Any person
confined in any

44. When the attendance of any person, confined in
prison may be any prison, is required in any Court of Criminal jurisdic-

the tion, in any case cognizable therein by indictment, the Court
place at which

prisoner is before whom such prisoner is required to attend, or any Judge
required. of such Court, or of any superior Court, may, before, or

during, any such term, or sitting, at which the attendance
of such person is required, make an order upon the keeper,

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 19

or other person, having the custody of such prisoner, to
deliver such prisoner to the person named in such order to
receive him, and such person shall, at the time prescribed
in such order, convey such prisoner to the place at which
such person is required to attend, there to receive and obey
such further order as to the said Court may seem meet.

45. No person offered as a witness shall, by reason z;tynz interest
of any alleged incapacity from crime or interest, be excluded incapacitate a
from giving evidence on the trial of any criminal case, or witness.
in any proceeding relating, or incidental, to such case.

46. Every person, so offered as a witness, shall be :zsz
admitted and be compelled to give evidence on oath, or witnesses are
solemn affirmation where an affirmation is receivable, not- compellable to

give evidence.
withstanding that such person has, or may have, an interest
in the matter in question, or in the event of the trial in whch
he is offered as a witness, or of any proceeding relating, or
incidental, to such case, and notwithstanding that such per-
son, so offered as a witness, has been previously convicted
of a crime or offence.

47. All other matters of procedure, not herein nor ~ ~ ~ l ~ ~ , E n " ~ ~
in any other Act expressly provided for, shall be regulated, procedure to be
as to the admission thereof, by the law of England, and the zc';eunless
practise of the Superior Courts of criminal law in England. provided for.

48. When any trial of an indictment for any felony E:;;;:;zht
or misdemeanour is had before a second jury, the Crown to challenge as in
and the defendant, respectively, shall be entitled to the same the firsf jury.
challenges as they were entitled to with respect to the first
jury.

49. In making up the record of any conviction, or ~ ~ ~ c ; ~ d m o ~ g
acquittal, on any indictment, it shall be sufficient to copy conviction.
the indictment with the plea pleaded thereto, without any
formal caption or heading; and the statement of the arraign-
ment, and the proceedings subsequent thereto, shall be
entered of record in the same manner as before the passing
of this Act, subject to any such alterations in the forms of
such entry as may, from time to time, be prescribed by any
rule, or rules, of the Supreme Court.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 117) Criminal Procedure

Judgment not to
be stayed or

50. Judgment, after verdict, upon an indictment for
reversed for w=nt any felony or misdemeanour shall not be stayed, or reversed.
of a similiter, for want bf a similiter, nor by reason that ;he jury process'
&c .

has been awarded to a wrone. officer uDon an insufficient "
suggestion, nor for any misnomer or misdescription of the
officer returning such process, or of any of the jurors, nor
because any person has served upon the jury who has not
been returned as a juror by the Provost-Marshal, or other
officer; and, where the offence charged is an offence created
by any statute, or subjected to a greater degree of punish-
ment by any statute, the indictment shall, after verdict, be
held sufficient. if it describes. the offence in the words of
the statute creating the offence or prescribing the punish-
ment, although they be disjunctively stated, or appear to
include more than one offence or otherwise.

PART VII

Procedure where
person indicted

5 1. If any accused person appears, on arraignment,
appears on to be insane, the Court may order a jury to be empanelled
arraignment to to try the sanity of such person, and the jury shall thereupon,
be insane.

after hearing evidence for that purpose, find whether such
person is or is not insane and unfit to take his trial.

Procedure where
person indicted

52. If, during the trial of any accused person, such
appears during person appears, after the hearing of evidence to that effect
trial to be
insane.

or otherwise, to the jury before whom he is tried, to be insane,
the Court shall in such case direct the jury to abstain from
finding a verdict upon the indictment, and, in lieu thereof,
to return a verdict that such person is insane:

Provided that a verdict under this section shall not affect
the trial of any person so found to be insane for the offence
for which he was indicted, in case he subsequently becomes
of sound mind.

Special verdict
where accused

53. Where, in an indictment, any act or omission is
person found charged against any person as an offence, and it is given
~ f i t y ? but in evidence on the trial of such person for that offence that
insane at date of
act or omission he was insane, so as not to be responsible according to law
charged. for his actions at the time when the act was done or the omis-

sion made, then, if it appears to the jury before whom such
person is tried that he did the act or made the omission

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 2 1

charged, but was insane as aforesaid at the time when he
did or made the same, the jury shall return a special verdict
to the effect that the accused person was guilty of the act
or omission charged against him, but was insane as aforesaid
at the time when he did the act or made the omission.

54. Where any person is found to be insane under :;;';:::Or
the provisions of section 51 or section 52, or has a special accused person
verdict found against him under the provisions of the last found insane.
preceding section, the Court shall direct the finding of the
jury to be recorded, and thereupon the Court may order
such person to be detained in safe custody, in such place
as the Court may appoint, until Her Majesty's pleasure shall
be known.

55. The Court shall immediately report the finding $,dd%;ot~rt
of the jury and the detention of such person to the Governor- G ~ , ~ ~ ~ ~ ~ -
General, who shall order such person to be dealt with as General-
a criminal of unsound mind under the laws of Antigua and
Barbuda for the time being in force for the care and custody
of criminals of unsound mind, or otherwise as he may think
proper.

PART VIII

56. Any person, indicted for any offence made capital Similar
punishment for

by any statute, shall be liable to the same punishment, capital offences
whether he be convicted by verdict or confession, and this, ;'izolly
as well in the case of accessories as of principals. confession.

5 7. If any person be convicted of felony not Ei:cfent for
punishable with death, committed after a previous convic- felony not
tion for felony, such person shall, on subsequent conviction,, capital.
be imprisoned for any term not exceeding seven years, with
or without hard labour, unless some other punishment be
directed by any statute for the particular offence, in which
case the offender shall be liable to the punishment thereby
awarded, and not to any other

58. Whosoever escapes, or rescues, or aids, in res- ;;;,"~";~:f;
cuing, any other person from lawful custody, or makes or custody and
causes any breach of prison, if such offence does not amount felonious rescue.
to felony, is guilty of a misdemeanour, and shall be liable

LAWS OF ANTIGUA AND BARBUDA

2 2 C A P . 117) Criminal Procedure

to be imprisoned for any period not exceeding two years;
and whosoever is convicted of a felonious rescue shall, in
any case where no special punishment is provided by any
statute, be liable to be imprisoned for any term not exceeding
seven years, with or without hard labour.

Procuring
discharge of 59. Whosoever, knowingly and unlawfully under col-
~risoner b~ false OUT of anv re tended authoritv. directs. or Drocures. the , . , , , .
pretence. discharge of any prisoner not entitled to be so discharged, , .

is of a misdemeanour, and shall be liable t; be
imprisoned for any period not exceeding two years, and the
person so charged shall be held to have escaped.

Prisoner
escaping to 60. Any person escaping from imprisonment shall,
undergo on being retaken, undergo, in the prison he escaped from,
unexpired term
with further

the remainder of his term-unexpiredat the time of his escape,
imprisonment. in addition to the punishment which may be awarded for

such escape.

Punishment of
felonies less than

6 1. Every person convicted of felony, not punishable
capital. with death, shall be punished in the manner (if any)

prescribed by the statute, or statutes, especially relating to
such felony, and every person convicted of any felony, for
which no punishment is specially provided, shall be liable
to be imprisoned for any term not exceeding seven years.

Where no
definite term of

62. When imprisonment is to be awarded for any
imprisonment is offence, and no definite period is fixed by law, the term of
fixed by law. such imprisonment shall always be in the discretion of the

Court passing the sentence, and when a fine is to be award-
ed for any offence, and no amount is fixed, the amount shall
be in the discretion of the Court passsing the sentence.

Sentence to
commence from

63. The period of imprisonment, in pursuance of any
day of passing sentence, shall commence on and from the day of passsing
same. such sentence, but no time, during which the convict may

be out on bail, shall be reckoned as part of the term of
imprisonment to which he is sentenced.

Imprisonment for
a subsequent

64. Whenever sentence is passed for felony on a per-
felony, before son already imprisoned under sentence for another crime,
expiration of the Court may award imprisonment, for the subsequent
imprisonment for
prior offence. offence, to commence at the expiration of the imprisonment

to which such person has been previously sentenced; and,

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure ( C A P . 117 2 3

where such person is already under sentence of imprison-
ment, the Court may award sentence, for the subsequent
offence, to commence at the expiration of the imprisonment
for which such person has been previously sentenced,
although the aggregate term of imprisonment may exceed
the term for which such punishment could otherwise have
been awarded.

65. When a person has been convicted of an offence E;;;;
for which imprisonment may be awarded, then the Court by the Court to
may sentence the offender to be imprisoned, or, if hard labour Ec:mprisoned7
be part of the punishment, to be imprisoned and kept to
hard labour.

PART I X

66. Whenever any offender has been convicted, before Execution of
prisoner under

any Court of criminal jurisdiction, of an offence for which sentence of
the offender is liable to, and receives, sentence of death, the death.
Court shall order and direct execution to be done on the
offender in the manner provided by law.

67. In the case of any prisoner sentenced to the Judge to report
case of any punishment of death, a report of such case shall, without prisoner under

delay and previously to the sentence being carried into sentence of
execution, be made by the judge before whom such prisoner !ia::;1d2'
was convicted (or by the Chief Justice, if a report from the may reprieve.
judge cannot be obtained) to the Governor-General and, at
the time when that report is made, a copy thereof shall be
submitted by the judge or, as the case may be, the Chief
Justice to the Advisory Committee on the Prorogative of
Mercy established by the Constitution; and if the judge or,
as the case may be, the Chief Justice thinks such prisoner
ought to be recommended for the exercise of the Royal mercy,
or if from the non-decision of any point of law reserved in
the case, or from any other causes, it is necessary to delay
.the execution, he, or any other Judge of the same Court,
or who might have held, or sat in, such Court, may, from
time to time, either in term, or in vacation, reprieve such
offender for such period, or periods, beyond the time fixed
for the execution of sentence, as may be necessary for the
consideration of the case by the Crown.

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 117) Criminal Procedure

Prisoner, after
sentence of

68. Every person sentenced to suffer death shall, after
death, to be kept judgment, be confined, in some safe place within the prison,
apart in safe apart from all other prisoners, and no person but the keeper
custody.

of the prison and his servants, the medical officer or surgeon
of the prison, a chaplain or a minister of religion, shall have
access to any such convict without the permission in writing
of the Court or Judge, before whom such convict has been
tried, or of the Provost-Marshal.

Governor-General
to appoint place

69. Judgment of death to be executed on any prisoner
of execution. shall be carried into effect in such place as the Governor-

General shall direct.

Execution within
walls of prison.

70. In case such execution shall be directed to take
place within the walls of the prison, the following sub-sections
of this section numbered from one to twelve inclusive, shall
be applicable to such execution:-

(1) The Provost-Marshal charged with the execution,
and the Superintendent and medical officer or surgeon of
the prison, and such other officers of the prison, and such
persons as the Provost-Marshal requires, shall be present
at the execution.

(2) Any Justice of the Peace and such relatives of the
prisoner or other persons as it seems to the Provost-Marshal
proper to admit within the prison for the purpose, and any
minister of religion who may desire to attend, may also be
present at the execution.

(3) As soon as may be after judgment of death has been
executed on the offender, the medical officer or surgeon of
the prison shall examine the body of the offender, and shall
ascertain the fact of death, and shall sign a certificate thereof,
and deliver the same to the Provost-Marshal.

(4) The Provost-Marshal and the Superintendent of the
prison, and such Justices and other persons present (if any)
as the Provost-Marshal requires, or allows, to be present,
shall also sign a declaration to the effect that judgment of
death has been executed on the offender.

(5) The duties imposed upon the Provost-Marshal,
Superintendent, medical officer or surgeon by the four

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 2 5

preceding subsections may and shall, in his absence, be per-
formed by his lawful deputy or assistant, or other officer,
or person ordinarily acting for him or conjointly with him,
in the performance of his duties.

(6) A Coroner of the district, or place, wherein judg-
ment of death is executed on any offender, shall, within
twenty-four hours after the execution, hold an inquest on
the body of the offender, and the jury at the inquest shall
enquire into and ascertain the identity of the body, and
whether judgment of death was duly executed on the offender,
and the inquisition shall be in duplicate, and one of the
originals shall be delivered to the Provost-Marshal.

(7) No officer of the prison, or prisoner confined therein,
shall, in any case, be a juror on the inquest.

(8) The Governor-General may make such rules and
regulations, to be observed on the execution of judgment
of death in every prison, as he may deem expedient for the
purpose, as well of guarding against any abuse in such
execution, as also of giving greater solemnity to the same,
and of making known without the prison walls the fact that
such execution is taking place.

(9) If any person, knowingly and wilfully, signs any
false certificate, or declaration, required with respect to any
execution, he shall be guilty of a misdemeanour, and, on
conviction thereof, shall be liable, at the discretion of the
Court, to imprisonment for any term less than two years.

(10) Every certificate and declaration, and the duplicate
of the judgment required by this Act, shall, in each case,
be sent, with all convenient speed, by the Provost-Marshal
to the Governor-General or to such other officer as may be
appointed for the purpose by the Governor-General; and
printed copies of the same several instruments shall, as soon
as possible, be exhibited, and shall, for twenty-four hours
at least, be kept exhibited on, or near, the principal entrance
of the prison within which judgment of death is executed.

(1 1) The omission to comply with any provision of the
preceding ten subsections of this Act shall not make the

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 117) Criminal Procedure

execution of death illegal in any case where such execution
would otherwise have been legal.

(12) Except in so far as is hereby otherwise provided,
judgment of death shall be carried into effect in the same
manner as if the said eleven subsections had not been passed.

PART X

PARDONS

Crown may
extend Royal 71. The Crown may extend the Royal mercy to any
mercy. person sentenced, by virtue of any statute, to imprisonment, . ,

although such person be imprisoned for non-payment of
money to some party other than the Crown.

When pardon
granted, offender

72. When the Crown is pleased to extend the Royal
still liable for mercy to any offender convicted of a felony punishable with

other felony death or otherwise, and, by warrant under the hand and
or offence.

seal of the Governor-General, grants to such offender either
a free or a conditional pardon, the discharge of such offender
out of custody, in the case of a free pardon, and the perfor-
mance of the condition, in the case of a conditional pardon,
shall have the effecct of a ~ a r d o n under the Great Seal of
such offenders as to the felony for which pardon has been
granted; but no free pardon, nor any discharge in conse-
quence thereof, nor any conditional pardon, nor the perfor-
mance of the condition thereof. in any of the cases aforesaid,
shall prevent, or mitigate, the punishment to which such
offender might otherwise be lawfullv sentenced on subseauent "
conviction for any felony, or offence, other than that for which
the pardon was granted.

Nothing herein
to affect the

73. Nothing in this Act shall, or doth, in any man-
ROY^ ner limit, or affect, Her Majesty's Royal Prerogative of
Prerogative. Mercy.

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 2 7

PART XI

74. When any offender has been convicted of a felony i:,":;;,":g:tt:f
not punishable with death, and has endured the punishment . pardon, but
to which such offender was adjudged, or if such felony be grd",';,"ris
punishable with death and the sentence has been commuted, liable for
then, if such offender has endured the punishment to which ; ? ; ~ t
his sentence was commuted, the punishment so endured shall,
as to the felony whereof the offender was so convicted, have
the like effects and consequences as a pardon under the Great
Seal; but nothing herein contained, nor the enduring of such
punishment, shall prevent, or mitigate, any punishment to
which the offender might otherwise be lawfully sentenced
on a subsequent conviction for any other felony.

PART XI1

75. When any felony, punishable under the laws of z:zt;'"-
Antigua and Barbuda had been committed within the jurisdiction.
jurisdiction of any Court of Admiralty in Antigua and Bar-
buda, the same may be dealt with, enquired of, and tried
and determined, in the same manner as any other felony
committed within Antigua and Barbuda.

76. Nothing contained in this Act shall alter, or affect, E:hzjt;tX"
any of the laws relating to the government of Her Majesty's land ,,,,I
land or naval forces. forces.

77. Where, on any adjournment of a criminal pro- Continuous bail.
ceeding, either in the Supreme Court or before a Magistrate, '
the accused is admitted to bail the recognizance may be con-
ditioned for his appearance at every time and place to which
the proceeding may be, from time to time, adjourned:

Provided that nothing in this section contained shall pre-
judice the power of the Court or Magistrate, at any subse-
quent adjournment of the proceeding, to refuse to admit the
accused to bail, or, as a condition of such person being
admitted to bail, to require him to enter into another
recognizance as the Court or Magistrate may direct.

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 117) Criminal Procedure

Taking of
recognizance of 78. For removing doubts it is hereby declared that
bail. where. as a condition of the release of anv person. he is

2 .

required to enter into a recognizance with sureties, the
recognizances of the sureties may be taken separately, and
either before or after the recognizances of the principal; and,
if so taken, the recognizances of the principal and sureties
shall be as binding as if they had been taken together and
at the same time.

Definition of 79. In any sentence of imprisonment the word
"month" in
sentence of "month" shall, unless the contrary is expressed, be construed
imprisonment. as meaning "calendar month".

Recovery of
costs.

80. (1) Where by virtue of any law in force in
Antigua and Barbuda the Court makes an order for the pay-
ment of costs against any offender convicted on indictment
by the said Court, such order shall be enforced (except where
the law under which the order is made provides some other
method of enforcement), by the issue of a writ of execution
to levy upon and sell the goods, chattels, lands and tenements
of the person against whom the order is made; and in case
such person shall not have sufficient goods, chattels, lands
and tenements on which a levy may be made to satisfy such
order, he shall undergo a sentence of imprisonment with or
without hard labour for a period not exceeding twelve months
unless such costs are sooner paid.

(2) Where any offender convicted as aforesaid had made
default in complying with an order of the Court for the pay-
ment of costs within the time limited therein for that pur-

Schedule. pose, a writ of execution in the form set out in the Schedule
shall be issued against him from the Registrar's Office to
levy upon and sell the goods, chattels, lands and tenements
of such offender. The writ, which shall be delivered to the
Provost-Marshal, shall be his authority for levying and
recovering the sum due for the said costs, and for taking
into custody the body of the said offender in case sufficient
goods, chattels, lands and tenements shall not be found
whereon levy may be made.

Power of High
Court to fine on

8 1. (1) Where any offender is convicted by the Court
conviction for felony (not being a felony the sentence for which is fixed
felony. by law) ;hk Court ;hall have power to fine the offender in

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 29

lieu of or in addition to dealing with him in any other man-
ner in which the Court has power to deal with him.

( 2 ) For the purposes of this section, the expression "a
felony the sentence for which is fured by law'' means a felony
for which the Court is required to sentence the offender to
death or imprisonment for life or to detention during Her
Majesty's pleasure.

82. (1) Subject to the provisions of this section, where r;~;:,":;~
a fine is imposed by the Court an order may be made in f;,,.
accordance with the provisions of this section-

( a ) allowing time for the payment of the amount
of the fine;

( 6 ) directing payment of the said amount by
instalments of such amounts and on such dates respec-
tively as may be specified in the order;

(c) furing a term of imprisonment which the per-
son liable to make the payment is to undergo if any
sum which he is liable to pay is not duly paid or
recovered:

Provided that any term of imprisonment fixed under
this sub-section in default of payment of a fine shall not exceed
twelve months.

( 2 ) Any order made under this section providing for
any such matters as are mentioned in paragraph (a) or
paragraph ( b ) of the foregoing sub-section may be made by
the Court upon application in writing to the Registrar of
the Court and may amend any previous order made under
this section so far as it provides for those matters:

Provided that no application shall be made under this
sub-section after the refusal of a previous application made
thereunder.

(3) Where any person liable for the payment of a fine
to which this section applies is sentenced by the Court to,
or is serving or otherwise liable to serve, a term of imprison-
ment, the Court may order that any term of imprisonment
fixed under paragraph (c) of sub-section (1) shall not begin
to run until after the end of the first-mentioned term of
imprisonment.

LAWS OF ANTIGUA AND BARBUDA

CAP. 117) Criminal Procedure

Incidental 83. ( 1 ) Save as is otherwise provided in subsection
provisions as to
fines. (3), all fines payable by virtue of the last foregoing section

shall be paid to the Registrar of the Court who shall issue
a receipt therefor, and where default is made in payment
of the fine or any instalment thereof, the Registrar shall cause
a warrant to issue against the defaulter committing him to
prison. The warrant shall be in the form set out in the

Schedule. Schedule.

(2) Where an order is made directing payment of a fine
by instalments and default is made in the payment of any
one instalment, the same proceedings may be taken as if
default had been made in payment of all the instalments then
remaining unpaid.

(3) Where an order is made fixing a term of imprison-
ment in default of payment of a fine, then-

(a) on payment of the fine to the Registrar of the
Court, or (if the person in respect of whom the order
was made is in prison) to the Superintendent of the
prison, the order shall cease to have effect; and, if the
said person is in prison and is not liable to be detained
for any other cause, he shall forthwith be discharged;

( b ) on payment to the Registrar of the Court or
to the Superintendent of the prison of a part of the fine,
the total number of days in the term of imprisonment
shall be reduced proportionately, that is to say, by such
number of days as bears to the said total number of
days less one day the proportion most nearly approx-
imating to, without exceeding, the proportion which the
part paid bears to the amount of the fine.

(4) Any sums received by the Superintendent of the
prison under the last foregoing subsection shall be paid by
him to the Registrar of the Court.

LAWS OF ANTIGUA AND BARBUDA

Criminal Procedure (CAP. 117 3 1

SCHEDULE S.80 and 83

IN T H E EASTERN CARIBBEAN SUPREME COURT

(L.S.) Antigua Circuit

ELIZABETH THE SECOND, by the Grace of God, Queen
of Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.

To the Provost-Marshal, Antigua Circuit.

WE command you that of the goods and chattels and lands
and tenements of A.B. of you cause to be
levied the sum of $ . which said sum of monev
the said A.B. was by a judgment of our said Supreme Court, bear-
ing date the day of , 19 , adjudged
to pay for costs and, in case you cannot find sufficient goods and
chattels and lands and tenements of said A.B. then you are to
take the body of the said A.B. and lodge him in Her Majesty's
Prison at in Antigua and Barbuda for a
period of months unless the said sJm of $ be sooner
paid, for which you will be answerable, and have you then and
there this Writ.

Witness the Honourable , Chief Justice
of Our Supreme Court, the day of , 19

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 117) Criminal Procedure

WARRANT OF COMMITTAL

IN THE EASTERN CARIBBEAN COURT

Antigua Circuit

To each and all the constables of Antigua and Barbuda

and

To the Superintendent of Her Majesty's Prison in Antigua and
Barbuda.

THE QUEEN vs. A.B

A.B., hereinafter called the accused, was this day1 on the
day of , 19 , convicted by the Supreme

Court sitting in the Circuit of the offence of
and ordered by the said Court to pay a fine (here set forth the
adjudication shortly)
And the accused has (paid part of the said fine, to wit, the amount
of % but has) made default in payment (of a balance of
% ) It is ordered that the accused be imprisoned in Her
Majesty's Prison aforesaid and there kept for a period of
months/weeks/days unless the said finelbalance be sooner paid.
You the said constables are herebv commanded to take the accus-
ed and convey him to the said Prison and there deliver him to
the Superintendent thereof together with this Warrant; and you
the Superintendent of the said Prison are hereby authorized to
receive the accused into your custody, and keep him for the period
of months/weeks/days unless the said finelbalance be
sooner paid, and if the said sumlbalance is paid to you the
Superintendent of the said Prison, you shall forthwith discharge
the accused from vour custodv unless he is liable to be detained
in the said Prison for any other cause.

Dated the day of ,
19

Fine. ... ...... ........

By order of the Court,

Registrar.

. . . . . . . . . . . . . . %

Imprisonment in default
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