PART XVII
Judgment on Criminal Trial (ss 289-297)

[Ch0802s289]289.   Withdrawing charges

            When an indictment or summons containing more counts than one is framed against the same person, and when a conviction has been obtained on one or more of them, the prosecutor may withdraw the remaining charge or charges. Such withdrawal shall have the effect of an acquittal on such charge or charges unless the conviction be set aside. In that event the court (subject to the order of the court setting aside the conviction) may, upon the application of the Director of Public Prosecutions, proceed with the trial of the charge or charges so withdrawn.

[Ch0802s290]290.   Mode of delivering judgment

            (1) The judgment in every trial in any criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of such judgment shall be explained, in open court either immediately after the termination of the trial or at some subsequent time, of which notice shall be given to the parties and their legal representative, if any:

            Provided that-

      (i)     the whole judgment shall be read out by the presiding judge or magistrate if he is requested to do so either by the prosecution or the defence;

      (ii)     in a case in the High Court any judgment written by a judge may be read by any magistrate or officer of the court if directed to do so;

     (iii)     in a case in a magistrate's court any judgment written by a magistrate may be read by any other magistrate if directed to do so;

    (iv)     where a court convicts a person of murder it shall state whether in its opinion there are extenuating circumstances and if it is of the opinion that there are such circumstances, it may specify them, but any failure to comply with the requirements of this proviso shall not affect the validity of the verdict of any sentence imposed as a result thereof.

            (2) The accused person shall, if in custody, be brought before the court, or, if not in custody, be required by the court to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted.

            (3) No judgment delivered by any court shall be deemed to be invalid by reason only of the absence of any party or his legal representative on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their legal representatives, or any of them, the notice of such day and place.

[Ch0802s291]291.   Contents of judgment

            (1) Every such judgment shall be written by or under the direction of the presiding officer of the court in the language of the court, and shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the presiding officer in open court at the time of pronouncing it.

            (2) In the case of a conviction, the judgment shall specify the offence of which, and the section of the Cap. 08:01 Penal Code or other law under which, the accused person is convicted, and the punishment to which he is sentenced.

            (3) In the case of an acquittal, the judgment shall state the offence of which the accused person is acquitted, and shall direct that he be set at liberty.

[Ch0802s292]292.   Arrest of judgment

            (1) A person convicted of an offence before the High Court, whether on his plea of guilty or otherwise, may, at any time before sentence, move that Court that judgment be arrested on the ground that the indictment does not disclose any offence.

            (2) Upon the hearing of the motion the Court may allow any such amendments of the indictment as it might have allowed before verdict.

            (3) The Court may hear and determine the motion either forthwith or after such adjournment as it may consider necessary.

[Ch0802s293]293.   Decision may be reserved

            The court before which any person is tried for an offence may reserve the giving of its final decision on questions raised at the trial; and its decision whenever given shall be considered as given at the time of the trial.

[Ch0802s294]294.   Sentence in the High Court

            (1) If a motion in arrest of judgment is not made or is dismissed, the High Court may either pass sentence upon the offender forthwith or may discharge him on his recognizance, as hereinafter provided, on condition that he shall appear and receive judgment at some future session of the Court or when called upon.

            (2) If sentence is not passed forthwith the presiding officer of the Court may, at any subsequent sitting thereof at which the offender is present, pass sentence upon him.

[Ch0802s295]295.   Committal to High Court for sentence after conviction in a magistrate's court

            (1) Where on the trial by a magistrate's court a person who is not less than the apparent age of 17 years is convicted of an offence, the court if it is of opinion that greater punishment should be inflicted for the offence than it has power to inflict, may, for reasons to be recorded in writing on the record of the case, instead of dealing with him in any other manner, commit him in custody to the High Court for sentence.

            (2) For the purposes of this section, the aggregate of consecutive sentences imposed upon any person, in case of conviction for several offences at one trial, shall be deemed to be a single sentence.

[Ch0802s296]296.   Procedure on committal for sentence under section 295

            (1) In any case where a magistrate's court commits a person for sentence under the provisions of section 295, the magistrate's court shall forthwith send a copy of the record of the case to the High Court.

            (2) Any person committed to the High Court for sentence shall be brought before the High Court at the next convenient sessions thereof or earlier if so directed by that Court.

            (3) When any person is brought before the High Court in accordance with the provisions of subsection (2), the High Court shall inquire into the circumstances of the case and, if satisfied from the record of the accused's guilt, shall thereafter proceed as if such person had pleaded guilty before the High Court in respect of the offence for which he has been so committed.

            (4) If the High Court, under the provisions of this section, passes any sentence upon any person such person shall be deemed to have been tried and convicted for the offence concerned before the High Court.

[Ch0802s297]297.   Provisions applicable to sentences in all courts

            (1) The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the sentence proper to be passed.

            (2) Every warrant for the execution of any sentence passed in a criminal case by any court may be issued either by the officer who passed the sentence or by any judicial officer of that court, or in the case of the High Court, by the Registrar or Assistant Registrar of that Court.

            (3) If, in a magistrate's court, sentence is not passed upon an offender forthwith upon his conviction, or if, by reason of any decision or order of the High Court on appeal, review or otherwise, it is necessary to add to or vary any sentence passed in a magistrate's court, or to pass sentence anew in such court, any judicial officer of that court may, in the absence of the judicial officer who convicted the offender or passed the sentence, as the case may be, pass sentence on the offender after consideration of the evidence recorded and in the presence of the offender.