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Indictable Offences Amendment Act 2005

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Indictable Offences Amendment Act 2005
INDICTABLE OFFENCES AMENDMENT ACT 2005





BERMUDA

2005 : 23

INDICTABLE OFFENCES AMENDMENT ACT 2005


Date of Assent: 3 August 2005

Operative date: Notice in Gazette



WHEREAS it is expedient to amend the Indictable Offences Act
1929:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 This Act may be cited as the Indictable Offences Amendment Act
2005 and shall come into operation on such day as the Minister
responsible for Justice may appoint by Notice published in the Gazette.

Amends section 13A
2 Section 13A of the Indictable Offences Act 1929 is amended ⎯

(a) by repealing subsection (1) and substituting the
following subsection⎯

"(1) In relation to section 13(2) and in relation to
section 501 of the Criminal Code Act 1907, the person in
charge of the accused person shall cause the accused
person to appear before the Judge of the Supreme Court,
the magistrate or Justice of the Peace, as the case may
be, by a means set out in subsection (2) for any part of


1



INDICTABLE OFFENCES AMENDMENT ACT 2005


2




the preliminary proceedings or proceedings in the
Supreme Court other than a part in which the evidence
of any witness is taken or the accused is called upon to
plead to the indictment.";

(b) in subsection (2) by deleting "magistrate or Justice of the
Peace" and substituting ⎯

"Judge of the Supreme Court, Magistrate or Justice of
the Peace"; and

(c) by inserting the following subsection next after
subsection (2) ⎯

"(3) If the accused person cannot appear by the
means set out in subsection (2), the accused person
shall be made to appear at a time and by a means as the
Judge of the Supreme Court, the magistrate or Justice of
the Peace, as the case may be, so orders.".