Discharge of Accused Persons (ss 278-282)
[Ch0802s278]278. Dismissal of charge in default of prosecution
(1) If the prosecutor (whether public or private)
in the case of a trial by the High Court, having given notice of trial, does
not appear to prosecute the indictment against the accused before the close of
the session of that court before which he gave notice of trial or, in the case
of a trial by a magistrate's court, does not appear on the court day appointed
for the trial, the accused may move the court to discharge him, and the
indictment or summons may be dismissed, and, when the accused or any other
person on his behalf has been bound by recognizance for the appearance of the
accused so to take his trial, may further move the court that such recognizance
be discharged, and such recognizance may thereupon be discharged.
(2) Where the indictment is at the instance of a
private party the accused may move the court that the private prosecutor and
his sureties shall be called on their recognizance, and, in default of his
appearance, that the same be estreated. The accused may also apply for an order
directing that the private prosecutor pay the costs incurred by the accused in
preparing his defence.
(3) Nothing in this section shall be construed as
depriving the Director of Public Prosecutions, or the public prosecutor with
his authority or on his behalf, of the right of withdrawal of any indictment or
summons at any time, and lodging a fresh indictment or issuing and serving a
fresh summons for hearing before the same or any other competent court:
Provided that the proviso to section 150(4) shall
apply mutatis mutandis to such withdrawal.
[Ch0802s279]279. Liberation of accused persons
(1) The High Court shall, at the close of each of
its criminal sessions, discharge from custody all such accused persons as are
then in custody and by law are then entitled to be discharged.
(2) Any person who has been acquitted on any
indictment or summons in a magistrate's court or whose case therein has been
dismissed for want of prosecution shall forthwith be discharged out of custody.
[Ch0802s280]280. General gaol delivery and returns
For the purposes of sections 133 and 279, the High
Court may have regard to any general gaol return delivered under the provisions
of the Cap. 21:03 Prisons
Act, or any regulations made thereunder.
[Ch0802s281]281. Discharge from imprisonment or expiration of recognizance no bar
Neither discharge from imprisonment nor the
expiration of the recognizance shall be a bar to any person being brought to
trial in any competent court for any offence for which he was formerly
committed to prison or admitted to bail.
[Ch0802s282]282. Accused not brought to trial not obliged to find further bail
No person who has been admitted to bail and who
has not been duly brought to trial or who has been discharged from custody
pursuant to section 279 shall be obliged to find further bail or shall be
liable to be committed to custody either for examination or trial for the same
offence in respect of which he was formerly admitted to bail:
Provided that the Director of Public Prosecutions
may, notwithstanding the discharge of the accused from custody pursuant to
section 279 or the expiration of his bail, at any time before the period of
prescription for such offence has run out, indict the accused in any competent
court, and if the accused, having been duly served with such indictment and
notice of trial, fails to appear at the time mentioned in such notice, the
court in which he is indicted may, on the application of the Director of Public
Prosecutions, issue a warrant for the accused's arrest and detention in prison
until he can be brought to trial or until he finds bail for his appearance to
stand his trial on the said indictment.