Magistrate's Code of Procedure (Amendment) 2005

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The Magistrate's Code of Pro. Amendment 2005
No. 7 of 2005. The Magistrate’s Code of Procedure
(Amendment) Act, 2005.

ANTIGUA
AND

BARBUDA

1

Short title.

Amendment of
section 42A,

ANTIGUA AND BARBUDA

No. 7 of 2005

AN ACT to amend the Magistrate’s Code of Procedure Act,
Cap. 255.

[ Published in the Official Gazette Vol. XXV
No. 57 dated 15th September, 2005 ]

ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:

1. This Act may be cited as the Magistrate’s Code of Proce-
dure (Amendment) Act, 2005.

2. Section 42A of the Magistrate’s Code of Procedure Act (in
this Act referred to as in the principal Act) is repealed and re-
placed by the following:

“42A (1) All committal proceedings in respect of public
prosecutions shall be instituted under the direction of the
Director of Public Prosecutions.

(2) Committal proceedings shall be commenced by the
filing of:

(a) one or more written statements of witnesses in
support of the charge; and

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

12th September, 2005.

No. 7 of 2005.The Magistrate’s Code of Procedure
(Amendment) Act, 2005.

ANTIGUA
AND

BARBUDA

2

(b) a list of exhibits, if there are any exhibits which
the prosecutor intends to produce in connec-
tion with the proceedings.

(3) The prosecutor shall as soon as practicable
cause the documents filed under subsection
(2) to be served on the accused person.”

3. Section 42B of the principal Act is amended in subsection
(2) by the deletion of the words “the Director of Public Prosecu-
tions” and the substitution of the words “the prosecutor.”

4. Section 42 of the principal Act is amended by the insertion
immediately after section 42C of the following:

“42D The exhibits mentioned in the list produced by:

(a) the prosecutor pursuant to section 42A(2); or

(b) the accused pursuant to section 42B;

shall at the hearing of the committal proceedings be duly
marked and delivered into the custody of the Clerk to the
Magistrate, who shall retain them in safe custody under
the direction of the Magistrate and to be delivered to the
High Court at the trial of the accused.”

5. Section 62 of the principal Act is amended as follows:

(a) by the repeal of subsection (3) and the substitution
of the following—

“(3) A Magistrate shall not admit to bail a person
charged with any of the following offences:

(a) high treason, misprision of treason and
treasonable felony;

(b) murder, or attempted murder;

(c) robbery with violence or robbery with
aggravation involving the use of a fire-
arm;

Amendment of
section 42B.

Amendment of
section 42D

Amendment of
section 62.

No. 7 of 2005. The Magistrate’s Code of Procedure
(Amendment) Act, 2005.

ANTIGUA
AND

BARBUDA

3

(d) unlawful possession of firearm or am-
munition contrary to the provisions of
the Firearms Act;

(e) unlawful importation of a firearms con-
trary to the provisions of the Firearms
Act or any other law.”

(f) unlawful possession of explosives con-
trary to the firearms Act

(b) by the repeal of subsection (4) and the substitution
of the following—

(4) For the purpose of subsection (3), ammunition does not
include a blank cartridge and a discharged shell.

_________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett Acting, Government Printer
— By Authority, 2005.

800—9.05 [ Price $1.90 ]

Passed the House of Representatives
this 14th day of July, 2005.

D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Acting Clerk to the House of

Representatives.

Passed the Senate this 10th day of
August, 2005.

Hazlyn M. Francis,
President.

Yvonne Henry,
Acting Clerk to the Senate.

ANTIGUA AND BARBUDA

THE MAGISTRATE’S CODE OF PROCEDURE
(AMENDMENT) ACT, 2005

ARRANGEMENT OF SECTIONS

Sections

1. Short title

2. Amendment of section 42A.

3. Amendment of section 42B.

4. Amendment of section 42D.

5. Amendment of section 62

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