Chapter 10:01 - Criminal Law (Procedure)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/469-chapter-1001-criminal-law-procedure/file

L.R.O. 1/2012
LAWS OF GUYANA
CRIMINAL LAW (PROCEDURE) ACT
CHAPTER 10:01
Act
19 of 1893
Amended by
25 of 1893 27 of 1927 18 of 1957 O. in C. 56/1947 11 of 1894 4 of 1929 22 of 1961 O. 68/1961 13 of 1894 40 of 1929 40 of 1961 37/1966A 10 of 1903 31 of 1930 5 of 1962 15/1970
3 of 1905 21 of 1931 21 of 1968 O. 4/1974 11 of 1907 51 of 1932 24 of 1969 80/1980 16 of 1909 20 of 1932 4 of 1972 18 of 1910 20 of 1939 25 of 1973 25 of 1918 20 of 1944 21 of 1978 20 of 1918 2 of 1948 3 of 1980
2 of 1921 30 of 1950 19 of 1990 12 of 1922 57 of 1952 12 of 1988 34 of 1922 9 of 1953 19 of 1991
5 of 1923 14 of 1955 6 of 1997 27 of 1925 38 of 1955 17 of 2008 27 of 1927 18 of 1956 7 of 2010
1 – 171 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
Rupununi Trials Order 171
(made under section 9(2))
Note
As the Revision of the List of Jurors (Special Provisions) Act (8 of 1972) is a special validation Act for
the year 1972, it has been omitted.

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CHAPTER 10:01
CRIMINAL LAW (PROCEDURE) ACT
ARRANGEMENT OF SECTIONS
SECTION PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of the Act.
PART I
GENERAL PROVISIONS
TITLE 1 – BUSINESS OF THE COURT
4. Appointment of causes to be tried on each day of the sitting.
5. Time of trial of causes.
6. Adding cause after transmission of list.
7. Calendar of causes for trial.
8. State prosecutors.
9. Jurisdiction with respect to counties.
10. Bringing of prisoners before the Court for trial.
11. Discontinuance of proclamation against vice.
Gaol Delivery
12. Prisons to be delivered at sittings of the Court.
13. Bringing of certain classes of prisoners before the court for delivery.
14. Right of prisoner in certain cases to be tried or bailed.
15. Prisoners entitled to be discharged.
16. Procedure of the Court in matters not provided for.
TITLE 2 – LAW AND PRACTICE AS TO JURIES
17. Constitution of jury.
18. Abolition of jury de mediatate linguae.

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SECTION
Qualification of Jurors and Jury Lists
19. Qualification of Jurors.
20. Disqualification of certain persons from jury service.
21. Exemption of certain persons.
22. Disqualification or exemption to be claimed on revision of jury list.
23. Information to Registrar for preparation of lists.
24. Publication of list by Registrar.
25. Revision of lists.
26. Appeal from decision of revising officer.
27. Jurors’ book to be true record of jurors.
Summoning Jurors
28. Mode of selecting jurors to form panel.
29. Service of the summons.
30. Delivery of panel.
31. [Repealed by Act No. 7/2010]
32. Challenges to the array.
33. Number of jury. Continuance of trial where juror dies or becomes
incapable.
34. Duties of members of police force.
35. Transfer of causes from one court to another.
Empanelling the Jury
36. Mode of choosing jury.
37. Pieces of card etc. kept apart till discharge of jury.
38. Peremptory challenges.
39. Challenges for cause.
40. Default of jurors.
41. Trial of successive issues by the same jury.
42. Counting and swearing jurors.
Fees of Jurors
43. Payment of jurors.
Supplemental Provisions
44. View by jury of place or persons, connected with cause.
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SECTION
45. Discharge of jurors from attendance.
46. (1) Partiality of Registrar.
(3) Failure to comply with order.
(4) Definition of “Registrar” in this Title.
47. Procedure as to juries in matters not provided for.
PART II
PROCEEDINGS BEFORE A MAGISTRATE
TITLE 3 – ENFORCING APPEARANCE OF ACCUSED PERSON
48. When magistrate may compel appearance before him of accused
person.
49. Magistrate may inquire into suspected offence; Fourth Schedule.
Search Warrant
50. When search warrant may be issued, and proceedings thereunder.
Complaint or Information
51. Reception of complaint or information.
52. Summons to Accused Persons
(1) Issue, contents and service of summons.
(5) Proof of service of process by bailiff or constable.
Warrant for Apprehension of Accused Person
53. Issue of warrant of apprehension in first instance.
54. Power of justice of the peace to issue warrant in certain cases.
55. Magistrate may direct security to be taken.
TITLE 4 – PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON
56. Disposal of person apprehended upon warrant.
57. Offence committed out of jurisdiction of investigating magistrate.
58. Director of Public Prosecutions may order a change of venue in the
case of a preliminary inquiry.

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SECTION
Irregularity
59. Irregularity in summons, warrant, service or arrest.
Witnesses
60. Application of law with respect to witnesses.
61. (1) Local inspection and examination of injured person.
(2) Penalty for non-compliance with order to examine.
Proceedings at Preliminary Inquiry
62. General discretionary powers of magistrate with respect to mode of
holding inquiry.
63. Restriction on publication of report of preliminary inquiry.
63A. Proceedings in camera.
64. Taking of evidence for prosecution.
65. Charging accused person.
66. Taking evidence for defence.
67. Marking exhibits.
68. Deposition of witness not able to attend through illness.
Discharge
69. Discharge of accused person.
70. (1) Costs and expenses of frivolous or vexatious complaint or
information.
(3) Appeal.
Committal for Trial
71. Committal of accused person for trial.
71A. Committal or discharge on consideration of statements, documents,
etc.
72. Power of Director of Public Prosecutions to remit case for committal.
73. Copy of depositions for accused person.
74. Binding over to give evidence.

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SECTION
TITLE 5 – PROCEEDINGS SUBSEQUENT TO COMMITTAL OF
ACCUSED PERSON
75. Transmission of documents relating to cause.
76. Deposition of witness after committal of accused person.
77. Power to Director of Public Prosecutions to remit cause for further
inquiry.
78. Power to Director of Public Prosecutions to remit cause to be dealt
with summarily.
79. Further provisions as to remission of case.
80. Conditions under which witnesses at a preliminary inquiry need not
be called at the trial.
TITLE 6 – BAIL
81. Right of accused person to bail.
(a) Continuous bail.
(b) Saving.
82. Bailing of accused on adjournment of inquiry.
83. Committal of accused person to prison for safe custody pending
preliminary inquiry.
84. Bailing accused person on committal for trial.
85. Conveying accused person to prison after committal for trial.
86. Bailing accused person after committal for trial.
87. Power of the Court or judge to bail accused person.
88. Apprehension of accused person on bail but about to abscond.
89. (1) Amount of bail.
(3) Bailing infant.
PART III
PROCEEDINGS IN THE COURT
TITLE 7 – MODE OF TRIAL
90. General mode of trial.
91. Trial at bar.
92. Saving of right of Director of Public Prosecutions to file information
for misdemeanour.
93. Meaning of the rules.
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94. Rule Committee.
95. Presentation and sufficiency of indictments.
96. Joinder of charges in the same indictment.
97. Orders for amendment of indictment, separate trial and
postponement of trial.
98. Saving.
TITLE 8 – PLEADINGS
Indictment
99. Variances and amendments.
100. When full offence charged and attempt proved.
101. Case of attempt charged – full offence proved.
102. Full offence charged – part proved.
103. Misdemeanour charged – felony proved.
104. Embezzlement charged – larceny proved and vice versa.
105. Joinder of counts and proceedings thereon.
106. Objection to substance of indictment.
Pleas
107. Special pleas allowed to be pleaded.
108. General effect of pleas of autrefois acquit and convict.
109. Effect where previous offence charged was without aggravation.
110. Use of depositions on former trial on trial of pleas.
111. Plea of justification in case of libel.
112. Application of previous provisions to criminal information.
TITLE 9 – PROCEEDINGS PRELIMINARY TO TRIAL
113. Institution of proceedings by Director of Public Prosecutions.
114. Right of Director of Public Prosecutions to enter nolle prosequi.
115. Filing and service of copy of indictment.
116. Bench warrant where accused person does not appear.
117. Abolition of trial on coroner’s inquisition
118. Change of venue and proceedings thereon.
119. Abolition of outlawry.
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SECTION
TITLE 10 – WITNESSES
Attendance of Witness
120. Attendance of witness bound by recognizance to attend.
121. Writ of subpoena for witness.
122. Preparation and issue of writ.
123. Service of writ.
124. Warrant for apprehension of witness disobeying summons.
125. Warrant for apprehension of witness not attending on recognizance.
126. Penalty for non-attendance of witness.
127. Warrant for apprehension of witness in first instance.
128. List of witnesses not required to be filed.
Examination of Witness
129. Mode of dealing with witness refusing to be sworn or to give or
produce evidence.
130. Non-attendance of witness at adjourned trial.
131. Procedure with respect to witnesses where trial is postponed.
Remuneration of Witness
132. Remuneration and travelling expenses of witnesses.
TITLE 11 – TRIAL
Records
133. Form and particulars of minutes of proceedings on trial.
134. Original record of proceedings.
135. Furnishing the Minister with copies of records.
Arraignment
136. Bringing prisoner up for arraignment.
137. Postponement of trial.
138. Arraignment of accused person.
139. Procedure on indictment containing count charging previous
conviction.
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SECTION
140. Proof of previous conviction.
141. Proof of previous trial on trial for perjury.
Plea
142. Abolition of pleas in abatement.
143. Pleading and refusal to plead.
144. Effect of plea of not guilty.
145. Recording plea.
146. Abolition of inquiry as to property or flight in treason
Further Proceedings at Trial
147. Case for the prosecution.
148. Case for the defence.
149. Right of reply.
150. Procedure where person is committed for trial through error.
151. Adjournment, or discharge of jury and postponement, of trial.
152. Recalling witness.
153. Summing up.
154. Consideration of verdict.
155. Retirement of jury for consideration of verdict.
156. Communication with jury while in retirement considering verdict.
157. Accommodation of jury kept together or in retirement
158. Number of jurors required to find verdict.
159. Delivery of verdict. Recording of verdict.
160. (1) Verdict of not guilty.
(2) Plea or verdict of guilty, motion in arrest of judgment and
sentence.
161. Motion in arrest of judgment.
162. Recording judgment.
163. Sentence of death.
164. Special provision for saving validity of verdict in cases of larceny
embezzlement and the like.
165. Abolition of attainder for forfeiture and escheat.
166. Sentence of death not to be passed on pregnant woman.
167. Procedure where women convicted of capital offence alleges she is
pregnant.
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SECTION
168. Where person convicted wishes other offences to be taken into
consideration.
169. Adjournment of trial.
170. Mode of dealing with jury on adjournment of trial.
171. Discharge of jury in certain special cases.
172. Effect on recognisance of postponement of trial.
173. Presence of accused person at trial.
174. Validity of proceedings on Sunday.
175. Publication of list of persons convicted.
Arraignment and Trial of Insane Persons
176. Procedure where person indicted appears on arraignment, or during
trial, to be insane.
177. When accused found to be insane jury not to find verdict on
indictment.
178. Special verdict where accused person found guilty, but insane at
date of act or omission charged.
179. (1) Provision for custody of accused person found insane.
(2) Judge to report finding to the Minister.
PART IV
TITLE 12 – EXECUTION OF SENTENCES
180. By whom sentences to be executed.
Imprisonment
181. Sentences of imprisonment.
Suffering Punishment
182. Effect of undergoing sentence for felony not punishable with death.
183. Saving of powers of committal to reformatory.
Capital Punishment
184. (1) Place where judgment of death to be executed.
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(2) Immateriality of time and place of execution mentioned in
judgment.
185. Persons to be present at execution.
186. Post mortem examination.
187. (1) Publication of certificate and declaration.
(2) Signing false certificate or declaration.
188. Saving as to non-compliance with directions.
189. Making of regulations.
190. General saving.
191. Commutation of sentence of death.
TITLE 13 – MISCELLANEOUS
MATTERS
192. Mode of conducting case.
Ownership of Property
193. Mode of stating ownership of property of partners.
194. Mode of stating ownership of place of worship.
195. Mode of stating ownership of public property.
196. Criminal remedies of married woman against her husband and
others in respect of property.
197. Criminal liability of wife to husband.
Arrest
198. Summary apprehension of offender in certain cases.
199. Form and requisites of warrant of apprehension.
200. Execution of warrant.
201. Handcuffing person arrested.
202. Police station to be lock-up.
Seizure and Restitution of Property
203. (1) Seizure of property the proceeds of indictable offence.
(2) Seizure of things intended to be used in commission of indictable
offence.
(3) Enforcement of order of seizure.
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SECTION
204. Report of property found upon person apprehended.
205. Application of money found upon person apprehended.
206. Restitution of property in case of conviction.
207. Restitution of stolen property by purchaser thereof.
Enforcing Recognisance
208. (1) Preparation of list of persons making default on recognisances.
(3) Issue of writ of execution.
(4) Apprehension and detention of person making default, where
recognisance is unsatisfied.
(5) Failure of the person, when released, to appear at next sitting of
the Court.
Fines, Forfeitures and Contempts
209. Proceedings against person fined by the Court.
Pardon
210. Effect of conditional pardon to convicted felon.
211. Power of the Court to grant conditional pardon.
212. Effect of pardon.
213. Recording pardon or warrant of commutation.
214. Power of President to remit fine, or to release offender imprisoned
for non-payment thereof.
215. Effect of acquiescence in remission.
Error and some other matters
216. Prohibition of proceeding in error.
217. Remuneration of interpreter.
218. Payment of costs by convicted person.
219. Matters excepted from the Act.
220. Procedure on charge of or trial for treason.
221. Use of forms.
222. Power to amend Third and Sixth Schedules.

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FIRST SCHEDULE – Persons exempted from service as Jurors.
SECOND SCHEDULE – Forms relating to Juries and Jurors.
THIRD SCHEDULE – Remuneration of Jurors.
FOURTH SCHEDULE – Forms for use in Proceedings relating to Indictable
offences.
FIFTH SCHEDULE – Rules.
SIXTH SCHEDULE – Remuneration of Witnesses.
SEVENTH SCHEDULE – Form of Return of Service of Notice on a Person
committed for Trial or a Witness.
--------------------------------
1929 Ed.
c. 18
1953 Ed.
c. 11 _______________________________________________________
19 of 1893 An Act to consolidate and amend the Laws relating to
Procedure with respect to Indictable Offences.
[1ST MARCH, 1894]

Short title.

Interpretation
[O. 4/1974]
PRELIMINARY
1. This Act may be cited as the Criminal Law
(Procedure) Act.
2. In this Act –
“child” means a person who, in the opinion of the magistrate
or of the Court, is under the age of fourteen years;
“the Court” means the High Court acting in the exercise of its
CHAPTER 10:01
CRIMINAL LAW (PROCEDURE) ACT
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Application of
the Act.

criminal jurisdiction;
“guardian” in relation to a child, means the parent or other
lawful guardian of the child, and includes any person,
being of or above the age of eighteen years, who, in the
opinion of the magistrate or of the Court, has for the time
being the actual custody, control, or charge of the child;
“indictable offence” means any offence punishable on
indictment before the Court;
“indictment” includes any criminal information triable by a
jury;
“a judge” means a judge of the Court sitting with or without a
jury or in chambers, as the case may be;
“keeper” when used in relation to a prison, includes the
superintendent or other chief resident officer of a prison;
“the marshal” means the Registrar, and includes any person
lawfully discharging the functions of a marshal in
reference to any cause or matter in the Court;
“prison” includes any lock-up house, police cell, or other duly
authorised place of detention for persons in custody;
“the Registrar” means the Registrar of the Supreme Court,
and includes any person lawfully discharging the
functions of the Registrar in reference to any cause or
matter in the Court;
“the Registry” means the registry of the Supreme Court.
3. This Act shall extend and apply to all proceedings
in respect of indictable offences, unless the contrary is
expressly provided by any written law relating thereto.

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Appointment
of causes to be
tried on each
day of the
sitting.

Time of trial of
causes.
[40 of 1961]


Adding cause
after
transmission of
list.
PART I
GENERAL PROVISIONS
TITLE 1 – BUSINESS OF THE COURT
4. (1) At every sitting of the Court, the Director of
Public Prosecutions shall appoint the number of causes to be
tried on each day of the sitting, and shall cause a list of the
causes, and of the days on which he appoints them to be tried,
to be transmitted to the Registrar three days at least before the
first day of the sitting of the Court.
(2) Immediately on receiving the list, the Registrar
shall cause it to be published in the Gazette and in one or more
newspapers of Guyana, and he shall also cause a copy of the
list to be delivered to the judge or judges who is or are to
preside at the sitting, and a copy to be put up on or near the
door of the court hall in which the sitting is to be held.
(3) The Registrar shall also immediately transmit
by telegraph or telephone, if possible, the particulars of the
list to the clerk of every Magistrate’s court in the county in
which the sitting is to be held and to the police constable in
charge of every police station in that county; and it shall be
the duty of that clerk or constable, immediately on receiving
the particulars, to cause a copy of the list to be posted up in
some conspicuous place at every court shall in his district or
at the police station under his charge, as the case may be.
5. Every cause so appointed to be tried on a particular
day shall not be tried before that day, but shall, if not
postponed to the next sitting of the Court, be tried on that
day, or on one of the succeeding days of the sitting that may
be convenient.
6. Nothing in section 4 or 5 shall be construed to
prevent the Director of Public Prosecutions from adding any
cause to the list after it has been transmitted to the Registrar:

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State
prosecutors.
[O. 68/1961]


Jurisdiction
with respect to
counties.

Provided that if an addition is made at any time less than
three days before the first day of the sitting of the Court, or at
any time during the said sitting of the Court, the accused
person shall be entitled to apply to the Court for a
postponement of the trial to another sitting of the Court on
the ground that he has not had sufficient time to prepare his
defence.
7. The Director of Public Prosecutions shall, on the
first day of every sitting of the Court, deliver to the Court a
list of all persons, whether in custody or not, against whom
any process has been commenced for any indictable offences
triable at that sitting, specifying the names of all of them, the
nature of the offences with which they are respectively
charged, the time at which each offence is alleged to have
been committed, and the state of the proceedings in each case.
8. (1) The Director of Public Prosecutions may appoint
any attorney-at-law to prosecute on behalf of the State at any
sitting of the Court or on any day or days of the sitting.
(2) It shall not be necessary for any person so
appointed to produce any commission or other proof of his
having been so appointed.
(3) Any person so appointed shall, in relation to
the business before the Court during the subsistence of his
appointment, have all the powers and perform all the duties
of the Director of Public Prosecutions, but subject to any
express directions of the Director of Public Prosecutions in
that behalf.
9. (1)All plantations, estates, and other premises
situated, lying, and being between the Parika creek and the
Boerasirie creek shall, for all purposes connected with the
administration of justice by the Court, be deemed and taken
to be within the county of Demerara and not within the
county of Essequibo.
causes for trial.
Calendar of

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Bringing of
prisoners
before the
Court for trial.

Discontin-
uance of
proclamation
against vice.

Prisons to be
delivered at the
sittings of the
Court.
(2) Where persons committed for trial from any
place or district in any county can, on account of difficulty of
communication or expense or otherwise, be more
conveniently tried at a sitting of the Court other than a sitting
for the county in which that place or district is situate, the
Chief Justice may, by order, direct that all persons committed
for trial from that place or district shall be committed for trial
to, and shall be tried at, the first-mentioned sitting.
(3) While the order remains in force, it shall be the
duty of all persons concerned to obey its directions.
10. (l) The keeper of the prison of the county in which
any sitting of the Court is held shall, by himself or by his
deputy, be in attendance at the sitting at all times whilst 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 charge
and custody, and from time to time remand him to prison by
permission or order of the Court during the progress 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.
11. It shall not hereafter be necessary for any
proclamation against vice and immorality to be read at the
commencement of any sitting of the Court.
Gaol Delivery
12. The prisons which shall be delivered at the
respective sittings of the Court held in and for the several
counties of Guyana shall be the respective county prisons,
that is to say, the Georgetown prison and the New
Amsterdam prison (or any other prisons from time to time
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Bringing of
certain classes
of prisoners
before the
Court for
delivery.
[20 of 1939]

Right of
prisoner in
certain cases to
be tried or
bailed.
[20 of 1939]
substituted by lawful authority for them respectively), and no
other.
13. (1) The keeper of each of the county prisons shall,
before the end of every sitting of the Court held in the county
in which the prison is situate, deliver in open Court to the
presiding judge a correct list of all persons in his custody
upon any criminal charge who have not then been tried, or
upon whom sentence has not then been passed, or who have
been committed in default of sureties to keep the peace or
otherwise, distinguishing as accurately as may be their
names, ages, and sexes, with the dates of their respective
commitments and the authority under which they were
respectively committed.
(2) The keeper, on the days and at the times of the
sitting, and in the numbers directed by the Court shall bring
and produce in open court all the persons so in his custody as
aforesaid.
14. If any person who, during any sitting of the Court,
appears to be in actual custody awaiting his trial thereat,
prays in open court, at any time during that sitting, to be then
and there put upon his trial, the Court may, before the
termination of the sitting, either –
(a) if the jurors have not been discharged,
proceed to his trial; or
(b) discharge him upon bail to appear at
the next ensuing sitting of the Court
for the same county, and to answer
any indictment which may then be
preferred against him; or
(c) remand him for trial at the next
ensuing sitting of the Court for the
same county, or otherwise, as the
Court thinks fit; but if a prisoner,
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Prisoners
entitled to be
discharged.


Procedure of
the Court in
matters not
provided for.

Constitution of
jury.
being in custody for the same offence
during a second sitting of the Court
for the same county, at any time
during that sitting, in open court,
prays to be then and there put upon
his trial, the Court shall, before the
termination of the sitting, either
proceed to his trial or discharge him
upon bail as aforesaid.
15. At the conclusion of every sitting of the Court, the
Court shall discharge all prisoners not under sentence
remaining in the prison of the county in which the sitting is
held, who, by the law of Guyana for the time being in force,
and, in default of that law, and so far as it does not extend, by
the law of England for the time being in force, would be then
entitled to their discharge upon gaol delivery, and also all
other accused persons committed for trial at the sitting and
remaining untried who, by the law aforesaid, would be
entitled to that discharge; and the Court may also discharge
all prisoners remaining in that prison in default of sureties to
keep the peace, who, in the opinion of the Court, ought to be
so discharged.
16. Subject to this Act and any other statute for the
time being in force, the practice and procedure of the Court
shall be, as nearly as possible, the same as the practice and
procedure for the time being in force in criminal causes and
matters in the High Court of Justice and the courts of assize
created by commission of oyer and terminer and of gaol
delivery in England.
TITLE 2 – LAW AND PRACTICE AS TO JURIES
17. Every jury for the trial and determination of a
cause before the Court shall be constituted as hereinafter
provided.

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Abolition of
jury de mediatate
linguae.

Qualification of
Jurors.
[2 of 1948
52 of 1952
22 of 1961
4 of 1972]
18. No alien, denizen, or other person charged with an
indictable offence shall be entitled to be tried by jury de
mediatate linguae.
Qualification of Jurors and Jury Lists
19. (l) Save as otherwise provided in this Act and
subject to this section, every person residing in Guyana who
is a citizen of Guyana and is not subject to any legal
incapacity shall be qualified and liable to serve on a jury for
the trial and determination of causes before the Court sitting
in the county in which he resides –
(a) if he is in receipt of an income, salary
or wage which (together with any
sum paid or allowed to him or on his
behalf for board or lodging or board
or lodging supplied to him or on his
behalf as one of the terms of his
employment) amounts to a sum
which is at the rate of not less than
seven hundred and fifty dollars per
annum; or
(b) if he is the owner in his own right of
immovable property in the county in
which he resides consisting of not less
than three acres of land; or
(c) if he is the owner in his own right of
immovable property in the county in
which he resides of the value of not
less than one hundred and fifty
dollars over and above the amount of
any registered encumbrance thereon
or statutory claim attached thereto, or
of a house in the county in which he
resides of the value of not less than
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one hundred and fifty dollars over
and above the amount of any bill of
sale or registered encumbrance
thereon or statutory claim attached
thereto; or
(d) if he is the lessee in his own right,
under a lease or other document in
writing registered in the Deeds
Registry or in the Lands Department
for an original term of three years or
more, of immovable property in the
county in which he resides consisting
of not less than three acres of land; or
(e) if he is the lessee in his own right of
immovable property, or of a house, in
the county in which he resides of the
annual rental of not less than fifty
dollars under a lease in writing,
registered in the Deeds Registry or in
the Lands Department, for an original
term of one year or more.
(2) Where two or more persons are owners,
whether jointly or in common, of immovable property, then
for the purpose of subsection (l) (b) each of such owners shall
be regarded as qualified and liable under that paragraph if
the acreage of such immovable property is such that when
divided by the number of such owners the result is not less
than three acres.
(3) Where two or more persons are owners,
whether jointly or in common, of immovable property or of a
house, then for the purpose of subsection (l)(c), each of such
owners shall be regarded as qualified and liable under that
paragraph if the value of such immovable property or house,
as the case may be, is such that when divided by the number
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Disqualification
of certain
persons from
jury service.
[20 of 1939
22 of 1961
O. 4/1974]
of such owners the result is not less than one hundred and
fifty dollars.
(4) Where two or more persons are lessees,
whether jointly or in common, of immovable property under
a lease or other document for an original term of three years
or more, then for the purpose of subsection (l) (d), each of
such lessees shall be regarded as qualified and liable under
that paragraph if the acreage of such immovable property is
such that when divided by the number of such lessees the
result is not less than three acres.
(5) Where two or more persons are lessees,
whether jointly or in common, of immovable property or of a
house under a lease or other document for an original term of
one year or upwards, then for the purpose of subsection (l)(e)
each of such lessees shall be regarded as qualified and liable
under that paragraph if the annual rental of such immovable
property or house, as the case may be, is such that when
divided by the number of such lessees the result is not less
than fifty dollars.
20. A person shall not be qualified or be liable to serve
on juries who –
(a) cannot speak, read and write English;
or
(b) is over sixty or under eighteen years
of age; or
(c) has been convicted of any offence
involving dishonesty in respect of
which he has undergone any term
imprisonment or has been convicted
of any offence in respect of which he
has undergone a term of
imprisonment exceeding six months,
unless he has received a free pardon;
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Exemption of
certain persons.
First Schedule.

Disqualification
or exemption to
be claimed on
revision of jury
list.

Information to
Registrar for
preparation of
lists.
[2 of 1948
22 of 1961
24 of 1969
25 of 1973]
or
(d) is at the date of the trial for which a
jury is being empanelled a person in
respect of whom a preliminary
inquiry into an indictable offence is
pending or who has been committed
for trial; or
(e) is suffering, either at the date of the
preparation or of the revision of the
jury list or at the date of a trial, from
deafness, dumbness, blindness,
insanity or imbecility.
21. The persons described in the First Schedule shall
be severally exempt, as therein specified, from being returned
to serve and from serving on juries, and their names shall not
be inserted in any list of jurors or jurors’ book; but, save as
aforesaid, no person otherwise qualified, and not
hereinbefore disqualified, to serve on juries, shall be exempt
from serving thereon.
22. No person whose name is in any juror’s book as a
juror shall be entitled to be excused from attendance on the
ground of any disqualification or exemption, other than
illness, not claimed by him or before the revision of the list of
jurors as hereinafter mentioned.
23. (1) Every person who, whether as principal or
attorney or manager, has others in his employ in any county
shall, on application made to him at any time by the Registrar,
furnish that officer with a list signed by him of all those
persons who are, to the best of his belief, qualified under this
Act, to serve as jurors.
(2) Every mayor or chairman of a local authority
and every chief executive officer (by whatever name called) of
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Publication of
list by
a local authority shall, on that application, furnish a list of all
persons qualified as jurors within the area administered by
the local authority as shown by the valuation list or other
records relating to the properties within the said area.
(3) The district commissioner and every officer of
police in any county shall, on that application, furnish to the
best of his ability any information which he has or is able to
obtain as to the qualifications as jurors by property or
otherwise, of all persons within their respective districts or
jurisdictions.
(4) Every government medical officer shall, on the
application of the Registrar or revising officer, offer to
examine free of charge any person within his district as to
whose physical qualification to serve as a juror any question
has arisen, and, if that person consents, shall furnish the
Registrar with a certificate as to that qualification. In the
absence of any medical evidence to the contrary, a refusal to
be examined may be taken as conclusive of absence of
qualification.
(5) The Registrar shall make any application under
this section in writing and may serve it by post.
(6) Any person having in his custody any record,
plan or information relating to valuation for the purposes of
rating or town taxes (including any valuation list and any
appraisement, rate or property assessment book) shall permit
the Registrar to inspect the same at any reasonable time.
(7) Every person aforesaid who fails to comply
with the request of the Registrar within a reasonable time
shall be liable on summary conviction to a fine of nineteen
thousand five hundred dollars.
24. (1) On or before the 7th August in every year, the
Registrar shall prepare and publish, in the Gazette in
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Registrar.
Second
Schedule.
Form 1.
[2 of 1948
22 of 1961]


Revision of
lists.
[2 of 1948
57 of 1952
22 of 1961
24 of 1969
alphabetical order, a list of all persons residing within the
counties of Demerara, Essequibo, and Berbice, respectively,
who are qualified and liable to serve as jurors in those
counties respectively, with the forenames and surnames
written at full length, and the place of abode, the title, quality,
calling, or business, and the nature of the qualification of each
of them, and if the qualification is in respect of immovable
property, the situation of that property and the nature of his
interest therein:
Provided that, in preparing the list, the Registrar shall
not include therein the name of any person who for the time
being resides more than forty miles from the place where the
sittings of the Court at which he is liable to serve are held.
(2) The Registrar shall cause copies of every such
list to be posted on the doors of such post offices, police
stations, court-houses, government offices, town halls, village
offices, churches, chapels, and other conspicuous places in the
county to which the list relates, as he may deem necessary.
25. (1) The Chief Justice may from time to time
appoint one or more magistrates, or attorneys-at-law of the
Supreme Court, to be revising officers to sit at suitable places
within any county for the purpose of revising the list for the
county, and the Registrar shall, at the time of the publication
of the list mentioned in the last preceding section, give notice
in the Gazette of the date and places at which the revising
officers shall sit, but no sitting shall begin earlier than the 12th
August.
(2) Every copy of the list posted under section
24(2) shall contain a notice by the Registrar of the dates and
places at which the revising officer for the county to which
the list relates shall sit.
(3) At the sitting, every person claiming to be
exempted or to be added to the list, or to have any alteration
3 of 1980] 25 of 1973
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c. 28:01
made in his name or description on the list, may appear and
prove his case by oath or other evidence to the satisfaction of
the revising officer.
(4) The Registrar, the mayor and town clerk of
Georgetown and New Amsterdam respectively, the mayors
and chief executive officers (by whatever name called) of
other towns established under section 33 of the Municipal and
District Councils Act, the chairmen and chief executive
officers of councils of local government districts established
under the Municipal and District Councils Act, the chairmen
of village councils, district commissioners and officers of
police, shall have the right of audience and may on proper
grounds lodge objections to the inclusion or omission of any
name and to the correctness of any description.
(5) (a) The revising officer may insert on the
list the name of any person whom he
considers should not have been
omitted, and may strike out the name
of any person whom he considers to
be improperly included, and may
correct any error or omission whether
of name, description, or otherwise:
Provided that –
(i) except on the application of the
person whose name or
description is dealt with, no
inclusion, removal, or alteration
aforesaid, shall be made unless
that person has had two days’
notice in writing that
application will be made to the
revising officer at the sitting;
and
(ii) in the absence of notice, the
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c. 19:08
Sub. Leg.

revising officer shall cause
written notice to be given,
fixing a suitable place and date,
not earlier than three days from
the date of notice, requiring
him to show cause why the
inclusion, removal, or alteration
should not be made.
(b) Subject to the provisions of this Act
the revising officer shall have all the
powers of a registrar under regulation
27 of the National Registration
(Residents) Regulations.
(6) When the list has been duly revised the revising
officer shall sign it with his allowance thereof and transmit it
to then Registrar on or before the 26th August, and the
Registrar shall thereupon cause notice of all amendments to
be published, on or before the 1st September, in the Gazette,
and shall thereupon correct his original list according to each
amendment.
(7) The Registrar shall cause copies of the notice of
amendments under subsection (6) to be posted on the doors
of such post offices, police stations, court-houses, government
offices, town halls, village offices, churches, chapels, and
other conspicuous places in the county to which the notice
relates, as he may deem necessary.
(8) The Registrar shall keep the revised list of
jurors for the several counties and shall immediately after
their allowance cause them to be fairly and truly recorded in a
book to be entitled “The Demerara (or Berbice, or Essequibo)
Jurors Book for the Judicial Year ,” as the case may be.
(9) The Registrar shall prefix to each name in the
jurors’ books its proper number, beginning the numbers from
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Appeal from
decision of
revising officer.
[2 of 1948]


Jurors’ book to
be true record
of jurors.


Mode of
selecting jurors
to form panel.
[2 of 1948
57 of 1952
14 of 1955
18 of 1956
22 of 1961
21 of 1968]
the first name and continuing them in regular arithmetical
series down to the last name.
(10) The Registrar shall, from time to time after the
revision jurors above the age of sixty years, and the names of
all jurors who have died or departed from the counties
aforesaid respectively.
26. An appeal shall lie from any decision of the
revising officer to a Judge of the High Court in chambers:
Provided that an appeal shall not prevent or postpone
the allowance of the list by the revising officer, or invalidate
any act done thereafter in regard to the list, but if the decision
of the High Court on appeal necessitates any alteration of the
list, the alteration shall be duly made by the Registrar and
shall take effect from the date thereof.
27. Every jurors’ book so prepared and regulated shall
be taken to be a true record of all persons qualified and liable
to serve on juries for the county to which it relates for the
twelve months subsequent to the 1st September in each year:
Provided that each jurors’ book shall remain in force
until the next jurors’ book for the same county has been
prepared.
Summoning Jurors
28. (l) (a) At a convenient time before any
sitting of the Court, the Registrar
shall, in the presence of a Judge of the
High Court, select from the jurors
book of the county in which the
sitting is to be held a sufficient
number of panels as the
circumstances may require, each
panel consisting of not less than thirty
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persons whose names are in that
book.
(b) The numbers prefixed to the names in
the jurors’ list for the county shall be
written, type-written, or printed, on
separate cards of uniform size and put
into a box, whence, after being shaken
before the drawing of each card, such
number, being not less than thirty, as
the Registrar may deem sufficient,
shall be drawn out, and the persons
whose names correspond to the
numbers on the cards so drawn shall
form the panel.
(c) If any of the persons die, or is too ill to
travel, or are not found for service,
other numbers shall be drawn in like
manner until the panel is completed:
Provided that –
(i) no person shall be summoned
who resides more than forty
miles from the place where the
sitting of the Court is to be
held;
(ii) any person who has been
selected to form a panel shall be
exempt from service for two
years;
(iii) if the number of person on the
jurors’ book for a county who
are liable to be selected as
hereinbefore provided is at any
time insufficient to form a
panel or panels at any sitting of
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the Court, the Registrar may
select from the persons whose
names are entered in the jurors’
book as exempt under the
preceding paragraph of this
proviso any number necessary
to complete the panel or panels;
and, in making the selection,
the Registrar shall take first the
names of those persons who
have been longest exempt and
shall proceed in that order until
the panel is complete;
(iv) a husband and wife shall not
both be summoned to serve at
any sitting of the Court; and
(v) the number of women
appearing on any panel of
jurors shall be in the same
proportions, as near as may be,
to the number of men
appearing thereon as the total
number of women is to the total
number of men in the jurors’
book.
(2) When two or more persons in or belonging to
any bank, counting-house, mercantile establishment, store,
shop, or cane plantation, are liable to be selected as jurors at
the same sitting of the Court, the Registrar shall select one
only of those persons at that sitting for every five persons in
or belonging to the bank or other establishment or place
aforesaid; and the other or others of them (if any) shall be
liable to be selected as jurors at the next or any subsequent
sitting of the Court for the same county, so that not more than
one for every five of the persons last mentioned shall be
summoned at any one sitting.

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Service of the
summons.
Second
Schedule.
Form 2.
(3) As often as any juror is selected to serve, the
Registrar shall mark in the jurors’ book the date when he has
been so selected.
(4) The persons so selected as aforesaid shall,
subject to subsection (5), be the jurors to serve for the trial of
all issues at that sitting of the Court for the county.
(5) The Court or a Judge may exempt or discharge
any juror, or any panel of jurors, from service or further
service during the whole or any part of a criminal session,
and may direct the Registrar, if the Court or Judge considers
such a direction to be necessary, to select another juror, or
another panel of jurors, for service during the whole or the
part as aforesaid (as the case may be) of the criminal session.
(6) Every selection of jurors under this Act shall be
made by or in the presence of the Registrar in person, or in his
absence, by or in the presence of the chief or other senior clerk
of his office.
29. (1) The Registrar shall not less than ten days before
the first day of any sitting of the Court, send to the
Commissioner of Police, the summonses to be served on the
jurors for that sitting.
(2) The Commissioner of Police shall cause the
summonses to be served by members of the police force on
the persons selected to serve as jurors seven days at least
before the first day of the sitting by delivering a summons in
writing to each of them personally, or if he cannot
conveniently be encountered, by leaving it for him at his last
or most usual place of abode.
(3) The summoning officer shall make a true return
of the service, and shall attend at the sitting of the Court, and
if necessary verify the service on oath.
(4) Nothing in this Act shall be construed to
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Criminal Law (Procedure) Cap. 10:01 33
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Delivery of
panel.

Challenges to
the array.
Second
Schedule.
Form 3.
prevent a police officer from summoning additional jurors at
any time selected by, or in the presence of the Registrar in
person, or chief or other senior clerk of his office in person, for
any sitting of the Court.
30. (1) The Registrar shall cause the names of the
jurors who have been summoned to be fairly and truly copied
in a panel, in alphabetical order, from the jurors’ book,
together with their places of abode and other particulars
required to be entered therein, and shall number the names in
arithmetical series from the first to the last.
(2) The Registrar shall thereupon cause the names
of the jurors to be written, printed, or stamped, on separate
pieces of card or parchment, or on balls, and shall place the
said pieces of card, or parchment, or balls, in a box to be
provided for that purpose.
32. (1) Either the State or the accused person may
challenge the array on the ground of partiality, fraud, or
wilful misconduct, on the part of the Registrar or any officer
of his department, but on no other ground and the challenge
shall be made in writing, stating that the Registrar or any
officer of his department was partial, or was fraudulent, or
wilfully misconducted himself, as the case may be.
(2) If the partiality, fraud, or wilful misconduct, as
the case may be, is denied, the Court shall appoint any two
indifferent persons to try whether the alleged ground of
challenge is true or not, and if the triers find that the alleged
ground of challenge is true in fact, the Court shall direct a
new panel to be returned at once or otherwise as it thinks fit.
(3) If the array is not challenged, or if the triers find
against the challenge, the Registrar shall proceed to impanel a
jury, and to swear the jurors in the manner hereinafter
31. [Repealed by Act No. 7 of 2010]
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Number of
jury.
Continuance of
trial where
juror dies or
becomes
incapable.
[21 of 1932]


Duties of
members of
police force.

Transfer of
causes from
one court to
another.


Mode of
choosing jury.
prescribed.
33. In every case the jury shall consist of twelve
persons:
Provided that where in the course of a trial any juror dies
or is discharged by the Court as being through illness
incapable of continuing to act or for any other reason, the jury
shall nevertheless, so long as the number of the jurors is not
reduced below ten, be considered as remaining for all the
purposes of that trial properly constituted, and the trial shall
proceed and a verdict may be given accordingly.
34. (1) Any member of the police force may serve
summonses on jurors.
(2) All members of the police force shall be officers
of the court in respect of the several duties imposed upon
them by this Act.
35. When two or more judges are sitting separately in
any county, the Director of Public Prosecutions may transfer
any cause from one court to another and shall in each case
state to the presiding judge of the court to which the case is to
be transferred his reasons for so doing, but shall not transfer a
case to any judge without that judge’s consent.
Empanelling the Jury
36. When any issue is to be tried, the Registrar shall
place in a box pieces of card or parchment of uniform size, or
balls, marked with the names or numbers of the panel and
shall, after shaking the box, in open court draw them out of
the box one after another to the number required to constitute
a jury and shall call out in regular sequence the names or
numbers of the jurors on the pieces of card or parchment, or
balls; and if any of the persons whose names are so drawn do
not appear, or are challenged and set aside, then the further
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Pieces of card
etc., kept apart
till discharge of
jury.

Peremptory
challenges.
[2 of 1948]

number required, until the proper number of persons are
drawn and appear and, after all just causes of challenge
allowed, remain as fair and indifferent; and the proper
number of persons so first drawn and appearing and
approved as indifferent, their names being marked in the
panel and they being sworn, shall be the jury to try the issue.
37. The pieces of card or parchment, or the balls,
containing the names or numbers of the persons so drawn
and sworn, shall be kept apart by themselves until the jury
have delivered their verdict and the verdict has been
recorded, or until the jury have otherwise been discharged,
and shall then be returned to the box and mixed with the
other pieces of card or parchment, or balls, then remaining
undrawn, and so as often and as long as any issue remains to
be tried:
Provided that, if any issue comes on to be tried, before
the jury in any other issue have brought in their verdict or
have been discharged, the Registrar shall draw the proper
number of the residue of pieces of card or parchment, or balls,
in manner aforesaid for the trial of the issue so coming on to
be tried.
38. On the trial of any indictment –
(a) the Director of Public Prosecutions,
the State Counsel or any counsel
appointed to prosecute on behalf of
the State may, without cause
assigned, challenge three jurymen;
and
(b) every person arraigned may, without
any cause assigned, challenge three
jurymen.

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Challenges for
cause.
[2 of 1948]


Second
Schedule.
Form 4.
39. (1) The State and every accused person shall be
entitled to any number of challenges on any of the following
grounds, that is to say –
(a) that any jurors’ name does not appear
in the jurors’ book:
Provided that no misnomer or misdescription in that
book shall be a ground of challenge, if it appears to the Court
that the description given therein sufficiently designates the
person referred to; or
(b) that any juror is disqualified under
section 20 or exempt under section 21;
or
(c) that any juror is not indifferent
between the State and the accused
person.
(2) No other ground of challenge than those above-
mentioned shall be allowed, and no challenge under this
section shall be allowed except for one of those grounds on
any trial.
(3) (a) If any challenge aforesaid is made, the
Court may, in its discretion, require
the party challenging to put his
challenge in writing.
(b) The other party may deny that the
ground of challenge is true, or may, in
the case of a challenge on the ground
that the juror has been convicted as
hereinbefore mentioned, allege that
the juror challenged has received a
free pardon.

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Default of
jurors.
[14 of 1955]
(c) If the ground of challenge is that the
jurors’ name does not appear in the
jurors’ book, the issue shall be tried
by the Court on voire dire by the
inspection of the jurors’ book, and on
any other evidence the Court thinks
fit to receive, and similarly also in the
case of a challenge on the ground that
the juror cannot speak, read, and
write English.
(4) If the ground of challenge is any other than as
last aforesaid, then two persons present whom the Court may
appoint for that purpose, shall be sworn to try whether the
juror challenged is disqualified under section 20, or is exempt
under section 21, or stands indifferent between the State and
the accused person, as the case may be, and that trial may be
held before the judge in chambers.
(5) If the Court or the triers find against the
challenge, the juror shall be sworn, but if the Court or the
triers find for the challenge, the juror shall not be sworn, and
if, after what the Court considers a reasonable time, the triers
are unable to agree, the Court may discharge them from
giving a verdict and direct other persons to be sworn in their
place, or may give any other directions it thinks fit.
40. (1) Where a full jury does not appear or where,
after appearance of a full jury, by reason of challenges or
otherwise, there is likely to be a default of jurors the court, on
request made by the State, shall command the Registrar to
name and appoint, as often as required, so many of other
persons qualified to act as jurors then present as will make up
a full jury, and the Registrar shall, at the command of the
court, return those persons duly qualified who are present or
can be found to serve on that jury, and shall add their names
to the panel returned by him; and the State and the accused
person shall in that case have their respective challenges to
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Trial of
successive
issues by the
same jury.
Counting and
swearing
jurors.
Second
Schedule.
Form 5.
Form 6.
the jurors so added, and the court shall proceed to the trial of
every issue in the same manner as if all of them had been
returned by the Registrar in the original panel.
(2) Where two or more panels are returned, the
Registrar may, on a tales being awarded, return a juror
summoned on any one panel as a talesman to serve with the
jurors returned on any other panel.
41. If no objection is made by either party, the Court
may try an issue with the same jury who have previously
tried, or been drawn to try, another issue, without their
numbers being returned to the box and redrawn, or to order
the name of any person on the jury justly challenged, or
excused by the Court, to be set aside, and another number to
be drawn from the box in lieu thereof.
42. (1) As soon as the jury is chosen the jurors shall be
counted in the box by the Registrar, who shall at once proceed
to swear them; but if any juror refuses, or is unwilling from
alleged conscientious motives, to be sworn, the Court may, on
being satisfied of the sincerity of the objection, allow him to
make a solemn affirmation.
(2) That affirmation shall be of the same force and
effect as if the person affirming had taken an oath in the usual
form, and shall, if untrue, entail the same penalties as are or
shall be provided against persons guilty of perjury.
necessary or usual to state or allege that jurors have been
sworn, it shall not be necessary to specify that any particular
juror had made affirmation instead of oath, but it shall be
sufficient to state or allege generally that the jurors have been
sworn.
(4) After they have been sworn, the jurors shall, by
a majority of the voices to be taken privately by the Registrar,
(3) Whenever, in any legal or proceeding, it is
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 39
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Payment of
jurors.
[20 of 1939
2 of 1948
22 of 1961
21 of 1968]
Third Schedule.

View by jury of
place or person,
connected with
cause.
elect one of their number to be their foreman.
Fees of Jurors
43. (1) Every person who has been summoned to
attend, and actually attends, any sitting of the Court as a
juror, shall be entitled at the close of the sitting or earlier and
for such periods (being not less than one week in any
instance) as the Registrar may approve and after his account
has been duly taxed by the Registrar to the sum mentioned in
the Third Schedule.
(2) On presentation of the taxed account to the
officer for the time being directed by the Registrar, it shall be
paid out of moneys provided by Parliament to defray the
expenses of the administration of justice.
(3) Except with the approval of the Registrar, no
claim made by a juror for any sum aforesaid, shall be
entertained if it is made later than one month after the last
day of the sitting of the Court in respect of which it is made.
Supplemental Provisions
44. (1) Where in any case it is made to appear to the
Court or a judge that it will be for the interests of justice that
the jury who are to try or are trying the issue in the cause
should have a view of any place, person, or thing connected
with the cause, the Court or judge may direct that view to be
had in the manner, and upon the terms and conditions, to the
Court or judge seeming proper.
(2) When a view is directed to be had, the Court or
judge shall give any directions seeming requisite for the
purpose of preventing undue communication with the jurors:
Provided that no breach of any of those directions shall
affect the validity of the proceedings, unless the Court
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Discharge of
jurors from
attendance.

Partiality of
Registrar.
[6 of 1997]

Failure to
comply with
order.

Definition of
“Registrar” in
this Title.
Procedure as to
juries in
matters not
provided for.
otherwise orders.
45. The Court may at any time discharge any person
summoned as a juror from further attendance on the Court, or
may excuse him from attendance for any period during the
sitting of the Court, or, for any reason which it deems
sufficient, may direct any juror, at any stage before the
accused is arraigned, to stand aside until the rest of the panel
has been called.
46. (1) If the Registrar in any way acts partially in
regulating any jurors’ book, or in selecting and summoning
any jurors’, he shall be liable to a fine of ninety-seven
thousand five hundred dollars, to be recovered in the High
Court by any person who may inform and bring an action
therefor, with full costs of suit.
(2) One-half of the sum, when recovered, shall
belong to the informer, and the other half shall be paid to the
Accountant General for the public use.
(3) Any person failing without reasonable cause
within the time prescribed, or, if no time is prescribed, then
within a reasonable time, to comply with any application
order or direction authorised by this Act shall be liable to a
fine of nineteen thousand five hundred dollars.
(4) In this Title “Registrar” shall be deemed to
include the Registrar as already defined in this Act, and any
marshal, and any officer of the Court or the registry thereof
duly authorised in writing by the Registrar or by a sworn
clerk or assistant sworn clerk.
47. Subject to this Act and any other written law for
the time being in force, the practice and procedure relating to
juries on the trial of indictable offences shall be as nearly as
possible in accordance with the practice and procedure in the
like case of the courts in England mentioned in section 16.
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When
magistrate may
compel
appearance
before him of
accused person.

Magistrate may
inquire into
suspected
offence.

PART II
PROCEEDINGS BEFORE A MAGISTRATE
TITLE 3 – ENFORCING APPEARANCE OF ACCUSED
PERSON
48. Every magistrate may issue a summons or warrant
as hereinafter mentioned to compel the appearance of an
accused person before him for the purpose of preliminary
inquiry, in any of the following cases:
(a) if the person is accused of having
committed in any place whatever an
indictable offence triable in Guyana,
and is, or is suspected to be, within
the limits in which the magistrate has
jurisdiction, or resides or is suspected
to reside within those limits; or
(b) if he, wherever he may be, is accused
of having committed an indictable
offence within those limits, or on any
journey during any part of which he
has passed through them; or
(c) if he is alleged to have anywhere
unlawfully received property which
was so unlawfully obtained within
those limits as to render him liable for
an indictable offence.
49. (1) Any magistrate who has reason to believe that
any indictable offence has been committed within the limits of
his jurisdiction for which the offender might, according to any
statute for the time being in force, be arrested without
warrant, or that there is reasonable ground for inquiring
whether that offence has been committed within those limits,
or, in either case, that there is reasonable ground for inquiring
by whom the suspected offence has been committed, may
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Fourth
Schedule.
Form 4
Form 13


When search
warrant may be
issued, and
proceedings
thereunder.

(whether any particular person is charged or not) summon to
appear before him any person whom he has reason to believe
to be capable of giving material evidence concerning the
offence, and may examine the person upon oath concerning
the offence, and, if he sees cause, bind the person by
recognizance to attend and give evidence, if called upon by
any magistrate or by the court, at any time within the twelve
months then next ensuing, unless the person can show some
reasonable excuse to the contrary.
(2) In case any person so summoned neglects to
attend, or refuses without lawful excuse to take the oath, or,
having taken it, to answer any question concerning the
offence then put to him, or to enter into the recognisance
aforesaid, he may be dealt with in the same manner as a
witness may be dealt with who neglects or refuses to attend
or give evidence, or to be bound by recognisance to do so,
after having been served with a summons for that purpose.
Search Warrant
50. (1) Any magistrate who is satisfied by proof upon
oath, that there is reasonable ground for believing that there
is, in any building, ship, carriage, box, receptacle, or place –
(a) anything upon or in respect of which
any indictable offence has been or is
suspected to have been committed for
which, according to any written law
for the time being in force, the
offender may be arrested without
warrant; or
(b) anything which there is reasonable
ground for believing will afford
evidence as to the commission of that
offence; or
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(c) anything which there is reasonable
ground for believing is intended to be
used for the purpose of committing
any indictable offence against the
person for which, according to any
written law for the time being in
force, the offender may be arrested
without warrant,
may at any time issue a warrant under his hand authorising
some police or other constable named therein to search that
building, ship, carriage, box, receptacle, or place for the thing,
and to seize and take it before the magistrate issuing the
warrant, or some other magistrate, to be by him dealt with
according to law.
(2) Every search warrant may be issued and
executed on a Sunday, and shall be executed between the
hours of five o’clock in the morning and eight o’clock at night:
Provided that the magistrate, in his discretion, may by
the warrant authorise the constable to execute it at any hour.
(3) When the thing is seized and brought before a
magistrate, he may detain it or cause it to be detained, taking
reasonable care that it is preserved until the conclusion of the
inquiry; and, if any person is committed for trial, he may
order it further to be detained for the purpose of evidence on
the trial, but if no person is committed the magistrate shall
direct the thing to be restored to the person from whom it was
taken, except in the cases hereafter in this section mentioned,
unless he is authorised or required by law to dispose of it
otherwise.
(4) If, under any warrant aforesaid, there is
brought before any magistrate any forged bank note, bank
note paper, instrument or other thing, the possession of
Form 18
Schedule.
Fourth

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Reception of
complaint or
information.
Fourth
Schedule.
Form 1.

which, in the absence of lawful excuse, is an indictable offence
according to any written law for the time being in force, the
court if the person is committed for trial, or if there is no
commitment for trial the magistrate, may cause it to be
defaced or destroyed.
(5) If, under any warrant aforesaid, there is
brought before a magistrate any counterfeit coin or other
thing, the possession of which, with knowledge of its nature
and without lawful excuse, is an indictable offence according
to any written law for the time being in force, it shall be
delivered up to the Commissioner of Police, or to any person
authorised by him to receive it, as soon as it has been
produced in evidence, or as soon as it appears that it will not
be required to be so produced.
(6) If the thing to be searched for is gunpowder, or
any other explosive or dangerous or noxious substance or
thing, the person making the search shall have the same
powers and protections as are given by any written law for
the time being in force to any person lawfully authorised to
search for that substance or thing, and the thing itself shall be
disposed of in the same manner as directed by that written
law, or, in default of that direction, as ordered by the
Commissioner of Police.
Complaint or Information
51. Upon any complaint or information given to a
magistrate that an indictable offence has been committed by
any person whose appearance he has power to compel, the
magistrate shall consider the allegations of the complainant or
informant, and, if he is of opinion that a case for so doing is
made out, he shall issue a summons or warrant, as the case
may be, in the manner hereinafter mentioned; and he shall
not refuse to issue the summons or warrant only because the
alleged offence is one for which an offender may be arrested
without warrant.
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Issue, contents
and service of
summons.
Fourth
Schedule.
Forms 5 and 6.
[33 of 1955]

Proof of service
of process by
bailiff or
constable.
[51 of 1932]


Issue of
warrant of
apprehension
in first instance.
Fourth
Schedule.
Form 7
Summons to Accused Persons
52. (1) The magistrate may issue a summons although
there is not any complaint or information in writing or upon
oath.
(2) The summons shall be directed to the accused
person, and shall require him to appear at a certain time and
place to be therein mentioned.
(3) The summons shall not be signed in blank.
(4) The summons shall be served by a police or
other constable upon the accused person, either by delivering
it to him personally, or, if he cannot, with the exercise of
reasonable diligence, be encountered, by leaving it with some
person for him at his last or most usual place of abode.
(5) Where it becomes necessary to prove the
service of any summons, notice, order or other process
whatsoever issued under this Act which has been served by a
bailiff or constable a return of service in Form 6 in the Fourth
Schedule, purporting to be signed by the bailiff or constable,
shall be received in all courts as prima facie evidence of the
facts stated in the return without proof of the signature or
official character of the bailiff or constable.
Warrant for Apprehension of Accused Person
53. (1) If there is an information in writing and upon
oath, the magistrate may, if he is of opinion that a case for so
doing is made out, issue a warrant for the apprehension of the
accused person.
(2) The fact that a summons has been issued shall
not prevent any magistrate from issuing that warrant at any
time before or after the time mentioned in the summons for
the appearance of the accused person; and where the service
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Power of justice
of the peace to
issue warrant
in certain cases.

Magistrate may
direct security
to be taken.
[22 of 1961]
of the summons for the appearance of the accused person has
been proved and he makes no appearance, or where it
appears that the summons cannot be served, the warrant may
issue.
(3) The magistrate who would have heard the
charge if the person summoned had appeared may issue the
warrant, on information in writing and upon oath taken
either before himself or before another magistrate or any
justice of the peace, either before or after the summons was
issued.
54. In any case where, from the absence from any
place of a magistrate, or from any other cause, it is not
practicable to make immediate application to a magistrate for
the issue of a search warrant or of a warrant for the
apprehension of an accused person, and the ends of justice
would be likely to be defeated by the delay required for the
making of the application to a magistrate, any justice of the
peace may and shall take the necessary information, and, if he
is of opinion that a case for so doing is made out, issue the
warrant in the same manner as a magistrate could do; but all
subsequent proceedings in the case shall be taken before a
magistrate.
55. (1) Every magistrate issuing a warrant under
section 53 for the arrest of any person in respect of any
offence other than murder or treason shall, if in his opinion
such person should be admitted to bail on his arrest, by
endorsement on the warrant direct that if such person
executes a bond with sufficient sureties for his attendance
before a magistrate at a specified time and thereafter until
otherwise directed by the magistrate, the officer in charge of
the police station to which such person is brought on his
arrest shall take such security and release such person from
custody.

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Disposal of
person
apprehended
upon warrant.

Offence
committed out
of jurisdiction
of investigating
magistrate.

(2) The endorsement shall state –
(a) the number of sureties;
(b) the amount in which they and the
person for whose arrest the warrant is
issued are to be respectively bound;
and
(c) the time at which he is to attend
before the magistrate.
(3) The officer in charge of any police station to
which any such person is brought on his arrest shall comply
with the directions endorsed on the warrant of arrest and
whenever security is taken under this section he shall forward
the bond to the magistrate.
TITLE 4 – PROCEEDINGS ON APPEARANCE OF
ACCUSED PERSON
56. When any person is apprehended upon a warrant
he shall be brought before a magistrate as soon after he is so
arrested as practicable, and the magistrate shall either
proceed with the preliminary inquiry or postpone it to a
future time, in which latter case he shall either commit the
accused person to prison, or admit him to bail, or permit him
to be at large on his own recognisance, according to the
provisions hereinafter contained.
57. (1) If an accused person is brought before a
magistrate charged with an offence committed without the
limits of his jurisdiction, he may, after hearing both sides,
order the accused person, at any stage of the inquiry, to be
taken by a police or other constable before the magistrate
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Fourth
Schedule.
Form 16.

Director of
Public
Prosecutions
may order a
change of
venue in the
case of a
preliminary
inquiry.
[21 of 1932]
having jurisdiction in the place where the offence was
committed.
(2) The magistrate so ordering shall give a warrant
for that purpose to a police or other constable, and shall
deliver to the constable the information, depositions, and
recognisances, if any, taken in the cause, to be delivered to the
magistrate before whom the accused person is to be taken,
and the information, depositions, and recognisances shall be
treated to all intents as if they had been taken by the last-
mentioned magistrate.
58. (l) Where in the opinion of the Director of Public
Prosecutions by reason of the difficulty of communication it is
expedient that a preliminary inquiry should be held by a
magistrate of a district other than the magistrate of the district
having jurisdiction in the matter he may by order under his
hand transfer the holding of the preliminary inquiry to the
magistrate of such other district.
(2) The Director of Public Prosecutions on the
making of an order as aforesaid shall cause to be sent the
order to the magistrate of the district to whom the
preliminary inquiry is transferred and a copy to the
magistrate from whom it is transferred. On receipt of the
order the first-mentioned magistrate shall have full power
and jurisdiction to proceed and hold the inquiry, and shall
have and may exercise the same powers, authorities and
jurisdiction as if the case were one within the limits of his
jurisdiction.
(3) The last-mentioned magistrate on receipt of the
copy of the order shall order the accused person to be taken
by a police or other constable before the magistrate to whom
the holding of the inquiry is transferred and shall give a
warrant for that purpose to a police or other constable, and
shall deliver to the constable the information, depositions,
and recognisances, if any, taken in the cause, to be delivered
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Irregularity in
summons,
warrant,
service or
arrest.
to the magistrate before whom the accused person is to be
taken, and the information, depositions, and recognisances
shall be treated to all intents as if they had been taken by such
magistrate.
(4) The magistrate if in pursuance of section 71 he
commits the accused person for trial, shall commit him to the
court to which he would have been liable to be committed by
the magistrate from whom the holding of the preliminary
inquiry has been transferred.
Irregularity
59. (1) No irregularity or defect in the substance or
form of the warrant, and no variance between the charge
contained in the warrant and the charge contained in the
information, or between either and the evidence adduced on
the part of the prosecution at the preliminary inquiry, shall
affect the validity of any proceeding at or subsequent to the
hearing.
(2) When any accused person is before a
magistrate, whether voluntarily or upon summons, or after
being apprehended with or without warrant, or while in
custody for the same or any other offence, the preliminary
inquiry may be held notwithstanding any irregularity,
illegality, defect, or error in the summons or warrant, or the
issuing, service, or execution thereof, and notwithstanding
the want of any information upon oath, or any defect in the
information or any irregularity or illegality in the arrest or
custody of the accused person:
Provided that –
(a) the magistrate, if he thinks that the
ends of justice require it, may adjourn
the hearing of the cause, at the request
of the accused person, to some future
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Application of
law with
respect to
witnesses.
Fourth
Schedule.
Form 5.
Form 7.
Local
inspection and
examination of
injured person.
[6 of 1997]

Penalty for
non-
compliance
with order to
examine.
day, and in the meantime may
remand the accused person or admit
him to bail; and
(b) upon the adjournment, the accused
person shall not be committed to
prison unless, before his committal,
an information in writing and upon
oath has been taken.
Witnesses
60. Subject to this Act, the provisions of law for the
time being in force with respect to witnesses on the hearing of
a complaint for an offence punishable on summary conviction
in a magistrate’s court shall, mutatis mutandis, apply to
witnesses on the holding of a preliminary inquiry before a
magistrate in respect of an indictable offence, with the
addition that any of those witnesses shall be liable to be dealt
with as hereinafter provided for refusing, without reasonable
excuse, to sign his deposition or to enter into a recognisance.
61. (1) It shall be the duty of the magistrate holding
any preliminary inquiry to make or cause to be made any
local inspection the circumstances of the case require; and, in
any case of serious injury to the person, to cause the body of
the person injured to be examined by some duly qualified
medical practitioner, if one can be had, and, if not, then by the
most competent person that can be obtained, and the
deposition of the medical practitioner or other person shall
afterwards, if necessary, be taken.
(2) Every medical practitioner or other person
aforesaid who refuses or neglects, without reasonable excuse,
to comply with any order or direction of a magistrate given
under this section shall be liable to a fine of nine thousand
seven hundred and fifty dollars.

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General
discretionary
powers of
magistrate with
respect to mode
of holding
inquiry
Proceedings at Preliminary Inquiry
62. The magistrate holding a preliminary inquiry may,
in his discretion –
(a) give or refuse permission to the
prosecutor to address him in support
of the charge, either by way of
opening or summing up the case, or
by way of reply upon any evidence
produced by the accused person;
(b) receive further evidence on the part of
the prosecutor, after hearing any
evidence given on behalf of the
accused person;
(c) adjourn the hearing of the inquiry
from time to time and change the
place of hearing, if, from the absence
of a witness, the inability of a witness
who is ill to attend at the place where
the magistrate usually sits, or any
other reasonable cause, it appears
desirable to do so, and may remand
the accused person if required, but the
remand shall not be for more than
eight days, the day following that on
which the remand is made being
counted as the first day;
(d) order that no person, other than the
officers of the magistrate’s court, the
persons engaged in the prosecution,
and the accused person, and his
counsel (if any), shall have access to
or remain in the room or building in
which the inquiry is being held
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Restriction on
publication of
report of
preliminary
inquiry.
[57 of 1952
19 of 1991]

(which shall not be deemed an open
court) if it appears to him that the
ends of justice will be best answered
by so doing; and
(e) regulate the course of the inquiry in
any way appearing to him desirable
and not inconsistent with this Act or
any other written law for the time
being in force.
63. (1) It shall not be lawful to print or publish or
cause or procure to be printed or published, in relation to any
preliminary inquiry under this Act, any particulars other than
the following:
(a) the names, addresses and occupation
of the accused person and the
witnesses;
(b) a concise statement of the charge and
the defence in support of which
evidence has been given;
(c) submissions on any point of law
arising in the course of the inquiry
and the decision of the magistrate
thereon:
Provided that subject to the further proviso following
nothing herein shall apply to the printing or reproduction by
any other method of any pleading, transcript of evidence or
other documents for use in connection with any judicial
proceedings or the communication thereof to persons
concerned in the proceedings, or to the printing or publishing
of any notice or report in pursuance of the directions of the
magistrate:

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Proceedings in
camera.
[19 of 1991]
Cap.8:01
Taking of
evidence for
prosecution.


Fourth
Schedule.
Form 2.
Provided further that in respect of a rape offence no
matter likely to lead members of the public to identify a
person as the complainant in relation to that offence shall
either be published in Guyana in a written publication
available to the public or be broadcast in Guyana except as
authorised by a direction given in pursuance of section 77A of
the Criminal Law (Offences) Act.
(1A) In this section “complainant” “rape offence”
“written publication” have the same meanings as in section
77A of the Criminal Law (Offences) Act.
(2) Any person who contravenes this section shall
be liable on summary conviction to a fine of forty-eight
thousand seven hundred and fifty dollars or to imprisonment
for six months.
63A. All proceedings at the preliminary inquiry under
this Act relating to offences under sections 66, 67, 69, 70, 71,
75, 76, 77 and 87(1) of the Criminal Law (Offences) Act are to
be held in camera unless the Court otherwise orders.
64. (1) When an accused person is before a magistrate
holding a preliminary inquiry, the magistrate shall take the
evidence of the witnesses on the part of the prosecutor.
(2) The evidence of those witnesses shall be given
in the presence of the accused person; and the accused person
shall be entitled to cross-examine them.
(3) The evidence of each witness shall be taken
down in writing in the form of a deposition, and as nearly as
possible in the witness’s own words.
(4) The deposition shall, at some time before the
accused person is called on for his defence, be read over to
and signed by the witness and the magistrate; the accused
person, the witness, and the magistrate being all present
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Charging
accused person.
[21 of 1932
4 of 1972]

Fourth
Schedule.
Form 3.
together at the time of the reading and signing.
(5) Any witness who refuses, without reasonable
excuse, to sign his deposition may be committed by the
magistrate holding the inquiry by a warrant to prison, there
to be kept until after the trial, or until the witness signs his
deposition before a magistrate:
Provided that, if the accused person is afterwards
discharged, any magistrate may order the witness to be
discharged.
(6) The signature of the magistrate shall be at the
end of the deposition of each witness, in such a form as to
show that it is meant to authenticate the deposition.
(7) Every magistrate holding a preliminary inquiry
is hereby required to cause the depositions to be written in a
legible hand, and on one side only of each sheet of paper on
which they are written, and the paper shall be white, of
ordinary foolscap size and of good quality, and shall have a
margin of about two inches in width.
65.(1) After the examination of the witnesses called on
the part of the prosecutor has been completed, and after the
depositions have been signed as aforesaid, the magistrate, if
of the opinion that the evidence has established a prima facie
case against the accused, shall address him in these words, or
to the like effect:
“Do you wish to say anything in answer to the charge?
You are not obliged to say anything unless you desire to do
so, but whatever you say will be taken down in writing and
may be given in evidence upon your trial.”
(2) Whatever the accused person then says in
answer thereto shall be taken down in writing, as nearly as
possible in the accused person’s own words, and shall be
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Taking
evidence for
defence.


Marking
exhibits.

Deposition of
witness not
able to attend
through illness.
signed by the accused person, if he will, and by the
magistrate, and kept with the depositions of the witnesses
and dealt with as hereinafter mentioned.
66. (1) After the proceedings required by the
preceding section are completed, the magistrate shall ask the
accused person if he wishes to call any witnesses.
(2) Every witness called by the accused person
who testifies to any fact relevant to the case shall be heard,
and his deposition shall be taken, signed, and authenticated
in the same manner as the deposition of a witness for the
prosecution.
67. The magistrate shall cause all writings and other
articles exhibited by the witnesses, or any of them, to be
inventorised and labelled, or otherwise marked, in the
presence of the person producing them, so that they may be
identified at the trial.
68. (1) Where any person able to give material
evidence in respect of an indictable offence is from illness
unable to attend at the place where the magistrate usually
sits, the magistrate of the district within which that person is
shall have power to take his deposition at the place where he
is, notwithstanding that the offence was not committed in the
district of that magistrate.
(2) Section 76 shall, so far as it is applicable, apply
to depositions taken under this section, and for that purpose
the magistrate taking the deposition may exercise all the
powers conferred upon a magistrate by that section:
Provided that those powers may be exercised whether
the person accused of the indictable offence has been
committed for trial or not.

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Discharge of
accused person.
[22 of 1961
4 of 1972]

Costs and
expenses of
frivolous or
vexatious
complaint or
information.
c. 10:02
(3) Every deposition taken under this section shall
be transmitted to the magistrate by whom the preliminary
inquiry into the indictable offence is being, or has been held, if
it was taken by some other magistrate, and it shall be treated
in all respects in the same way, and shall be considered for all
purposes as a deposition taken upon the preliminary inquiry.
(4) The deposition, whether taken for or against an
accused person, may be produced and given in evidence at
his trial in the cases in which a deposition taken under this
Part may be produced and given in evidence.
Discharge
69. If at the close of the case for the prosecution, or
after hearing the accused or any witnesses he may produce,
the magistrate is of the opinion that no sufficient case is made
out to put the accused person upon his trial for any indictable
offence, he shall discharge the accused and in that case any
recognisance taken in respect of the charge shall become void.
70. (1) In every case of a complaint or information for
an indictable offence where the accused person has been
discharged, the magistrate, if he is of opinion that the
complaint or information was frivolous or vexatious, may
order the prosecutor, or other person by whom or at whose
instance it was made or given, to pay to the accused person
his just and reasonable costs, charges, and expenses, and
those of his witnesses, caused or occasioned by, or consequent
upon, the making of the complaint or giving of the
information.
(2) The amount of the costs, charges, and expenses
shall be fixed by the magistrate and payment thereof may be
enforced by distress in manner provided in Part IV of the
Summary Jurisdiction (Procedure) Act.

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Appeal.
c. 3:04

Committal of
accused person
for trial.
[22 of 1961]
Fourth
Schedule.
Form 15.

Committal or
discharge on
consideration
of statements,
documents, etc.
[17 of 2008]
(3) Every order made under this section shall be
subject to appeal in the manner and subject to the conditions
prescribed in the Summary Jurisdiction (Appeals) Act.
Committal for Trial
71. If, upon the whole of the evidence, the magistrate
is of opinion that a sufficient case is made out to put the
accused person upon his trial for any indictable offence he
shall, subject to section 9, commit him for trial to the next
practicable sitting of the court for the county in which the
inquiry is held.
71A. (1) The Magistrate holding a preliminary inquiry
into an indictable offence may admit as evidence on the part
of the prosecutor or the accused any statements, documents,
writings and other articles tendered to the court in the
absence of the witness and cause them to be inventorised and
labelled, or otherwise marked as exhibits.
(2) Notwithstanding anything contained in any
written law but subject to section 9, if the Magistrate is of
opinion that a prima facie case is made out to put the accused
person upon trial for any indictable offence on a
consideration of the statements, documents, writings and
other articles admitted as evidence on the part of the
prosecutor or the accused he may commit the accused person
for trial for the offence.
(3) The Magistrate shall not commit an accused
person for trial for the offence where he is not represented by
an Attorney-at-Law, or where he is represented by an
Attorney-at-Law, if the Attorney-at-Law requests the court to
consider a submission that the statements disclose insufficient
evidence to put the accused on trial for the offence.
(4) Where on consideration of any statements,
documents, writings and other articles and on consideration
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Power of
Director of
Public
Prosecutions to
remit case for
committal.
[4 of 1972]

of any submissions made on behalf of the accused person, the
to put the accused person upon his trial for any indictable
offence, he may discharge him and in that case any
recognisance taken in respect of the charge shall become void.
(5) In addition to any statements, documents,
writings and other articles tendered to the court that may be
admissible as evidence under this section, the Magistrate –
(a) may on his own motion or on an
application by any party to the
proceedings, require any witness to
attend before him and give evidence;
and
(b) shall allow any party to the
witness,
and the evidence shall be considered for the purposes of this
section to ascertain whether the prosecution has made out a
prima facie case.
(6) The provisions in sections 60 to 68, section 70
and sections 72 to 74 shall mutatis mutandis apply in relation
to the proceedings under this section.
72.(1) In any case where the magistrate discharges an
accused person, the Director of Public Prosecutions may
require the magistrate to send to him the depositions taken in
the cause, or a copy thereof, and any other documents or
things connected with the cause which he thinks fit.
(2) (i) Where before the discharge of the
accused person the provisions of
sections 65 and 66 have been
complied with, the Director of Public
Magistrate is of opinion that a prima facie case is not made out
proceedings to cross-examine the
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Prosecutions may, if after the receipt
of those documents and things he is of
the opinion that the accused should
have been committed for trial, remit
those documents and things to the
magistrate with directions to reopen
the inquiry and to commit the accused
for trial, and may give such further
directions as he may think proper.
(ii) (a) Where before the discharge of
the accused person the
provisions of sections 65 and 66
have not been complied with
and the Director of Public
Prosecutions, after the receipt
of those documents and things,
is of opinion that the evidence
given on behalf of the
prosecution had established a
prima facie case against the
accused, the Director of Public
Prosecutions may remit those
documents and things to the
magistrate with directions to
reopen the inquiry and to
comply with sections 65 and 66,
and may give such further
directions as he may think
proper.
(b) After complying with the
directions given by the Director
of Public Prosecutions under
subparagraph (a), the
magistrate may either commit
the accused for trial or he may
adjourn the inquiry and, subject
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Copy of
depositions for
accused person.
[33 of 1955]

Binding over to
give evidence.
to any directions on the matter
given by the Director of Public
Prosecutions, forthwith notify
the Director of Public
Prosecutions who shall give
any further directions as he
may deem fit and, if of opinion
that a sufficient case has been
made out for the accused to
answer, may direct the
magistrate to commit the
accused for trial.
(3) Any directions given by the Director of Public
Prosecutions under this section shall be in writing signed by
him, and shall be followed by the magistrate, who shall have
all necessary power for that purpose.
(4) The Director of Public Prosecutions may at any
time add to, alter, or revoke any of his directions.
73. Every person committed for trial, whether bailed
or not, shall be entitled, at any reasonable time before the
trial, to have copies of the depositions and of his own
statement (if any) from the clerk of the magistrate’s court, or,
if the documents relating to the inquiry have been transmitted
by the magistrate as hereinafter provided, from the Registrar.
74. (1) When an accused person is committed for trial,
the magistrate holding the preliminary inquiry shall bind
over every witness for the prosecution whose deposition has
been taken, and every witness for the defence whose evidence
is, in his opinion material, to give evidence at the trial of the
accused person before the court.
(2) Every recognisance so entered into shall specify
the forename and surname of the person entering into it, his
occupation or profession (if any), the place of his residence,
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Fourth
Schedule.
Form 2.
Form 12

Form 8.

Transmission of
documents
relating to
cause.
and the name and number (if any) of any street in which it is.
(3) The recognisance may be either at the foot of
the deposition or separate therefrom, and shall be
acknowledged by the person entering into it and subscribed
by the magistrate before whom it is acknowledged.
(4) Any witness who refuses without reasonable
excuse to enter into the recognisance may be committed to
prison by the warrant of the magistrate holding the inquiry,
there to be kept until after the trial, or until the witness enters
into the recognisance before a magistrate:
Provided that, if the accused person is afterwards
discharged, any magistrate may order the witness to be
discharged.
(5) On binding over a witness, the magistrate shall
deliver or cause to be delivered to him a notice in writing
informing him of the day on which the sitting of the court will
commence, and of the manner in which he can ascertain the
day fixed for the trial of the cause.
TITLE 5 – PROCEEDINGS SUBSEQUENT TO
COMMITTAL OF ACCUSED PERSON
75. (1) The following documents shall, as soon as may
be after the committal of the accused person, be transmitted
by the magistrate to the Registrar, that is to say, the
information (if any), the depositions of the witnesses, the
documentary exhibits thereto, the statement of the accused
person, and the recognisances entered into.
(2) A copy of those documents shall at the same
time be transmitted by the magistrate to the Director of Public
Prosecutions.
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Deposition of
witness after
committal of
accused person.


Fourth
Schedule.
Form 21.
(3) All exhibits, other than documentary exhibits,
shall, unless the magistrate otherwise directs, be taken charge
of by the police, who shall produce them at the trial.
76. (1) After an accused person has been committed
for trial, proof upon oath may be given, either by the
prosecutor or by the accused person, that any person who has
not been examined as a witness is able to give evidence
tending to prove either the guilt or the innocence of the
accused person.
(2) That proof shall, if practicable, be given before
the magistrate by whom the accused person was committed,
and, if not so practicable, before some other magistrate, and
shall be taken in the form of a deposition as hereinbefore
provided.
(3) The magistrate, if he is satisfied by the proof
that it is for the interests of justice that the examination
should take place, shall appoint a time and place for the
examination of the person intended to be examined, and if
that person is able to attend the magistrate shall have the
same powers for compelling the person’s attendance as he has
for compelling the attendance of witnesses at the preliminary
inquiry.
(4) The person making the application shall give
reasonable notice in writing to the accused person or the
prosecutor, as the case may be, and to the Director of Public
Prosecutions, of the time and place at which the examination
is to take place, and the magistrate shall, before taking the
deposition, be satisfied that that notice has been given.
(5) If the application is made by the prosecutor and
if the accused person is in prison, the magistrate may, by an
order in writing under the magistrate’s hand, direct the
keeper of the prison having the custody of the accused person
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Power to
Director of
Public
Prosecutions to
to convey him, or cause him to be conveyed, to the place
where the examination is to be taken, for the purpose of being
present when it is taken, and to take him back to prison
afterwards.
(6) At the time and place appointed, the magistrate
shall take the deposition of the person to be examined in the
same way in which other depositions are taken, and all the
provisions of law relating to the reading over and signing of
depositions, and to their admissibility in evidence, shall apply
to that deposition:
Provided that—
(a) if the party against whom the
deposition is to be read neglects to
attend at the time when it is taken,
after receiving due notice thereof, it
shall be admissible in evidence
against him, although it was taken
and signed in his absence; and
(b) if the accused person or the
prosecutor does not himself attend at
the taking of the deposition, but
causes his counsel to attend, the
counsel shall be entitled to cross-
examine the witness.
(7) Every deposition taken under this section shall
be transmitted, together with a copy thereof, by the
magistrate and shall be treated in all respects in the same way
as, and shall be considered as being for all purposes, a
deposition taken upon the preliminary inquiry.
77. (1) At any time within six months after the receipt
of any documents mentioned in this Title, the Director of
Public Prosecutions may, if he thinks fit, remit the cause to the
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remit cause for
further inquiry.
[21 of 1978]


Power of
Director of
Public
Prosecutions to
remit cause to
be dealt with
summarily.
Further
provisions as to
remission of
case.

magistrate with directions 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.
(2) Subject to any express directions given by the
Director of Public Prosecutions, the effect of remission to the
magistrate shall be that the inquiry shall be re-opened and
dealt with in all respects as if the accused person had not been
committed for trial.
78. If, after the receipt of any documents mentioned in
this Title, the Director of Public Prosecutions is of opinion that
the accused person should not have been committed for trial
but that the matter should have been dealt with summarily,
the Director of Public Prosecutions may, if he thinks fit, at any
time after that receipt, remit the cause to the magistrate with
directions to deal with it accordingly, and with any other
directions he thinks proper.
79. (1) Any directions given by the Director of Public
Prosecutions under either of the last two preceding sections
shall be in writing signed by him, and shall be followed by
the magistrate.
(2) The Director of Public Prosecutions may at any
time add to, alter, or revoke any of the directions.
(3) 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.
(4) When the Director of Public Prosecutions
directs that an inquiry shall be re-opened under section 77, or
that a matter shall be dealt with summarily under section 78,
the following provisions shall have effect:

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c. 10:02

Condition
under which
witnesses at a
preliminary
inquiry need
not be called at
the trial.
(a) 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;
(b) where the accused person is on bail,
the magistrate shall issue a summons
for his attendance at the time and
place when and where the
proceedings are to be held; and
(c) thereafter the proceedings shall be
continued under this Act or the
Summary Jurisdiction (Procedure)
Act, as the case may be, and, if under
the last-mentioned Act, in the same
manner as if the magistrate had
himself formed an opinion in terms of
section 33 of that Act.
80. (1) Where any person has been committed for trial
by a magistrate, if it appears to the Director of Public
Prosecutions that attendance at the trial of any witness who
has been examined for the prosecution and bound over is
unnecessary, the Director of Public Prosecutions may cause a
notice to be given to such person that the witness will not be
called at the trial, and shall at the same time instruct the
Commissioner of Police to serve notice on the witness not to
attend the trial.
(2) Where notice under subsection (1) has been
given to the person committed for trial he may give notice at
any time to the Registrar of the Supreme Court that he desires
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Seventh
Schedule.

Right of
accused person
to bail.
Continuous
bail.
the witness to attend at the trial, and the Registrar shall
forthwith inform the Commissioner of Police of the fact and
he shall thereupon cause notice to be served on the witness
that he is required to attend in pursuance of his recognisance
and the witness shall be bound to attend accordingly
(3) Where a magistrate commits a person for trial
the magistrate shall ask such person to state the address at
which a notice may be delivered for him under subsection (1)
if he shall be on bail, and the magistrate shall note the address
at the end of the depositions and shall inform the person
committed for trial of his right to require the attendance at the
trial of any such witness whose evidence he requires and of
the steps which he must take for the purpose of enforcing
such attendance.
(4) Any notice to a person committed for trial or to
the Registrar shall be in writing, and a notice to a person
committed for trial shall be sufficiently served if it is
delivered to the keeper of the prison in which the person is
confined, or if he is on bail at the address given to the
magistrate by him.
(5) Service of a notice under this section shall be
made by a constable and a return of service in the form in the
Seventh Schedule endorsed on a copy of the notice
purporting to be signed by the constable shall be sufficient
evidence of the facts stated therein without proof of the
signature or of the official character of the constable.
TITLE 6 – BAIL
81. With respect to bail, the following provisions shall
have effect –
(a) where a person is remanded on bail
the recognisance may be conditioned
for his appearance at every time and
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Saving.

place to which during the course of
the proceedings the hearing is from
time to time adjourned, without
prejudice, however, to the power of
the court to vary the order at any
subsequent hearing;
(b) the provisions of the preceding
paragraph are in addition to, and not
in derogation of, any other enactment
governing the taking of recognisances
in any Act passed before those
provisions came into force;
(c) where the offence with which the
accused person is charged is a
misdemeanour punishable with fine
or with imprisonment for any term
not exceeding two years, the accused
person shall be entitled to be admitted
to bail as hereinafter mentioned;
(d) where the offence with which the
accused person is charged is a
misdemeanour punishable otherwise
than as in this section before-
mentioned, or, subject to the
exceptions hereafter in this section
mentioned, is a felony, the magistrate
may, in his discretion, admit the
accused person to bail as hereinafter
mentioned; and
(e) a magistrate shall not admit to bail
any person charged with treason,
misprision of treason, treason felony,
or murder.

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Bailing of
accused on
adjournment of
inquiry.
Fourth
Schedule.
Form 12.


Form 9.

Committal of
accused person
to prison for
safe custody
pending
preliminary
inquiry.
82. (1) Every accused person whether committed to
prison or not shall or may, as the case may be, be admitted to
bail, upon providing a surety or sureties sufficient, in the
opinion of the magistrate, to secure his appearance, or upon
his own recognisance, if the magistrate thinks fit; and where,
by any written law for the time being in force, bail may be
allowed or refused in the discretion of the magistrate, that
discretion may be exercised at any stage of the proceedings.
(2) Whenever the preliminary inquiry is for any
reason adjourned or interrupted, the magistrate holding it
shall or may, as the case may be, instead of remanding the
accused person to prison, admit him to bail on condition of
his appearing at the time to which the inquiry is adjourned, or
at an earlier day if so required.
(3) If an accused person who has appeared and has
been admitted to bail (either on the recognisance of sureties or
on his own recognisance) to appear at any adjournment, fails
to appear according to the condition of the recognisance, the
magistrate before whom he ought to have appeared may
issue a warrant for his apprehension, whether there has been
any information in writing and upon oath or not.
83. (1) An accused person who is not admitted to bail
shall be committed for safe custody to prison, or as the case
may require.
(2) If the magistrate adjourns the preliminary
inquiry and remands the accused person, the remand shall be
by warrant.
(3) The magistrate may, whilst the accused person
is under remand and before the expiration of the period of
remand, order the accused person to be brought before him,
and the keeper of the prison shall obey the order, or, if the
accused person is on bail, the magistrate may summon him to
appear at an earlier day than that to which he was remanded;
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Fourth
Schedule.
Form 15.

Bailing accused
person on
committal for
trial.
[22 of 1961]
Fourth
Schedule.
Form 12.

Conveying
accused person
to prison after
committal for
trial.
Fourth
Schedule.
Form 22.

and if that summons is not obeyed, a warrant may issue to
enforce his attendance, and may be executed like any other
warrant.
84. (1) If an accused person who is committed for trial
is admitted to bail, the recognisance of bail shall be taken in
writing, either from the accused person and one or more
surety or sureties, or from the accused person alone, in the
discretion of the magistrate, according to the nature and
circumstances of the case, and shall be signed by the accused
person and his surety or sureties, if any.
(2) The condition of the recognisance shall be that
the accused person shall personally appear before the High
Court at its next practicable sitting (which shall be specified)
to be held in Georgetown, Suddie, or New Amsterdam, or
elsewhere, as the case may be, there and then, or at any time
within twelve months from the date of the recognisance, to
answer to any indictment that may be filed against him in the
said Court, and that he will not depart the said Court without
leave of the Court, and that he will accept service of the
indictment at the magistrate’s court nominated by him in
pursuance of section 115.
85. (1) If an accused person who is committed for trial
is not released on bail, the police or other constable to whom
the warrant of commitment is directed shall convey him to
the prison and there deliver him, together with the warrant,
to the keeper of the prison, who shall thereupon give the
police or other constable a receipt for him, which shall set
forth the condition in which he was when he was delivered
into the custody of the keeper.
(2) It shall not be necessary to address any warrant
of commitment under this or any other section of this Act to
the keeper of the prison, but upon delivery of the warrant to
the keeper by the person charged with the execution thereof,
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Bailing accused
person after
committal for
trial.
Fourth
Schedule.
Forms 10 or 11.
the keeper shall receive and detain the person named therein
(or detain him, if already in the keeper’s custody) for the
period and the purpose directed by the warrant. In case of
adjournments or remands, the keeper shall bring him, or
cause him to be brought, at the time and place fixed by the
warrant for that purpose, before the magistrate.
(3) This section shall apply to every person
committed to prison under any provision of this Act.
86. (1) If an accused person who is entitled to be
admitted to bail, or if an accused person whom the magistrate
has power to bail and who, in his opinion, ought to be bailed,
is committed to prison only because he does not, at the time
of his committal for trial, procure a sufficient surety or
sureties for appearing to take his trial, the magistrate shall
endorse on the warrant of commitment, or on a separate
paper, a certificate of his consent to the accused person being
bailed, and shall state the amount of bail which ought to be
required; and any magistrate attending or being at the prison
whilst the accused person is confined therein, shall, on the
production of that certificate, admit him to bail accordingly
and order him to be discharged by a warrant of deliverance.
(2) (a) The magistrate holding the
preliminary inquiry, shall, if required
at any time before the trial, by or on
behalf of the accused person, make
and sign one or more duplicate copies
of the aforesaid certificate, and, on the
production of a duplicate to any
justice of the peace, the justice may
take the recognisance of one or more
sureties in conformity therewith, and
shall thereupon transmit the
recognisance to the magistrate of the
district in which the accused person
was committed.
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Form 17.


Power of the
Court or judge
to bail accused
persons.

Apprehension
of accused
person on bail
but about to
abscond.



Amount of bail.
[19 of 1990]
(b) When the recognisances of all the
sureties required have been received,
the committing magistrate shall issue
his warrant of deliverance to the
keeper, requiring him to take the
recognisance of the accused person
and to discharge him, and the keeper
is hereby authorised to take that
recognisance, and shall forthwith do
so and discharge the accused person,
unless he is in his custody for some
other reason.
87. The Court or a judge may at any time, on the
petition of an accused person, order him, whether he has been
committed for trial or not, to be admitted to bail, and the
recognisance of bail may, if the order so directs, be taken
before any magistrate or justice of the peace.
88. Where an accused person has been bailed in
manner aforesaid, the magistrate by whom he has been
bailed, or any other magistrate or justice of the peace, if he
sees fit, on the application of the surety or of either of the
sureties of the person, and on information being laid in
writing, and upon oath by that surety, or by some person on
the surety’s behalf, that there is reason to believe that the
person so bailed is about to abscond for the purpose of
evading justice, may issue his warrant for the apprehension of
the person so bailed, and afterwards, on being satisfied that
the ends of justice would otherwise be defeated, may commit
him when so arrested to prison until his trial, or until he
produces another sufficient surety or other sufficient sureties,
as the case may be, in like manner as before.
89. (1) The amount to be taken in any case shall be in
the discretion of the magistrate, or of the Court or the judge,
by whom the order for the taking of the bail is made, but no
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Bailing infant.


General mode
of trial.


Trial at bar.

Saving right of
Director of
Public
Prosecutions to
file information
for
misdemeanour.

accused person shall be required to give excessive bail.
(2) The magistrate, or the Court, or the judge, may
accept a deposit of money from or on account of any person
in lieu of a surety or sureties, and on any breach of the
condition of his recognisance that deposit shall be forfeited
and shall be dealt with in the same manner as sums of money
recovered in respect of forfeited recognisances.
(3) If an accused person who is admitted to bail is
an infant, the recognisance of bail shall be taken only from the
surety or sureties.
PART III
PROCEEDINGS IN THE COURT
TITLE 7 – MODE OF TRIAL
90. (1) Every person committed for trial shall be tried
on an indictment in the Court.
(2) Subject to the next succeeding section, the trial
shall be had by and before a judge of the Court and a jury
constituted under this Act.
91. On motion made by the Director of Public
Prosecutions, a judge shall order that the trial of any
indictment shall be had at bar, that is to say by and before two
or three judges of the Court and a jury constituted under this
Act, and that trial shall be had accordingly.
92. (1) Nothing in this Act shall affect the right of the
Director of Public Prosecutions to file an information in the
Court against any person for any misdemeanour.
(2) Subject to this Act or any other written law for
the time being in force, the law, practice, and procedure in
respect of an information shall be, as nearly as may be, the
same as the law, practice, and procedure for the time being in
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Meaning of
“the rules”.
Fifth Schedule.

Rule
Committee.

Presentation
and sufficiency
of indictment.


force in relation to informations filed by the Attorney-General
of England in the High Court of Justice in England, so far as
that law, practice, and procedure is applicable to the
circumstances of Guyana.
93. For the purposes of the next five succeeding
sections, unless the context otherwise requires –
“the rules” means the rules with respect to indictments
(which shall have effect as if enacted herein), contained
in the Fifth Schedule; and includes any further or other
rules made under the provisions of the next succeeding
section;
“the court” means the court before which any offence
punishable on indictment is tried or prosecuted.
94. (1) There shall be established a rule committee
consisting of the judges of the Supreme Court, or a majority of
them including the Chancellor and the Chief Justice, the
Director of Public Prosecutions, and the State Counsel, and
another person having experience in criminal procedure
appointed by the Chancellor.
(2) Subject to negative resolution of the National
Assembly, the rule committee may make further rules with
respect to the matters dealt with in the rules, and the rules
shall have effect subject thereto.
(3) The term of office of the person appointed to be
a member of the committee as aforesaid shall be that specified
in the appointment
95. (1) Every indictment shall be presented by and in
the name of the Director of Public Prosecutions and shall
contain and be sufficient if it contains, a statement of the
specific offence or offences with which the accused person is
charged, together with the particulars necessary for giving
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Joinder of
charges in the
same
indictment.

Orders for
amendment of
indictment,
separate trial
and postpone-
ment of trial.

reasonable information as to the nature of the charge.
(2) Notwithstanding any rule of law or practice, an
indictment shall not, subject to this Act, be open to objection
in respect of its form or contents if it is framed in accordance
with the rules.
96. Subject to the rules, charges for more than one
felony or for more than one misdemeanour, and charges for
both felonies and misdemeanours, may be joined in the same
indictment, but where a felony is tried together with any
misdemeanour, the jury shall be sworn and the person
accused shall have the same right of challenging jurors as if
all the offences charged in the indictment were felonies.
97. (1) Where, before trial, or at any stage of a trial, it
appears to the Court that the indictment is defective, the
Court shall make any order for the amendment of the
indictment the Court thinks necessary to meet the
circumstances of the case, unless, having regard to the merits
of the case, the required amendments cannot be made
without injustice.
(2) Where an indictment is so amended, a note of
the order for amendment shall be endorsed on the indictment,
and the indictment shall be treated, for the purposes of the
trial and for the purposes of all proceedings in connection
therewith, as if it had been originally framed as amended.
(3) Where, before trial, or at any stage of a trial, the
Court is of opinion that a person accused may be prejudiced
or embarrassed in his defence by reason of being charged
with more than one offence in the same indictment, or that for
any other reason it is desirable to direct that the person
should be tried separately for any one or more offences
charged in an indictment, the Court may order a separate trial
of any count or counts of that indictment.

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Saving.
(4) Where, before trial, or at any stage of a trial, the
Court is of opinion that the postponement of the trial of a
person accused is expedient as a consequence of the exercise
of any power of the Court under this Act to amend an
indictment or to order a separate trial of a count, the Court
shall make such order as to the postponement of the trial as
appears necessary.
(5) Where an order of the Court is made under this
section for a separate trial or for the postponement of a trial –
(a) if the order is made during a trial, the
Court may order that the jury are to
be discharged from giving a verdict
on the count or counts the trial of
which is postponed, or on the
indictment, as the case may be; and
(b) the procedure on the separate trial of
a count shall be the same in all
respects as if the count had been laid
in a separate indictment, and the
procedure on the postponed trial shall
be the same in all respects (if the jury
has been discharged) as if the trial had
not commenced; and
(c) the Court may make any order as to
admission of the accused person to
bail and enlargement of recognisance
and otherwise the Court thinks fit.
(6) Any power of the Court under this section shall
be in addition to and not in derogation of any power of the
Court for the same or similar purposes.
98. Nothing in the Act or the rules shall affect the law
or practice relating to the jurisdiction of a Court or the place
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Variances and
amendments.

where an accused person can be tried, or prejudice or
diminish in any respect the obligation to establish by evidence
according to law any acts, omissions, or intentions legally
necessary to constitute the offence with which the person
accused is charged, or otherwise affect the laws of evidence in
criminal causes.
TITLE 8 – PLEADING
Indictment
99. (1) If, on the trial of any indictment, there appears
to be a variance between the proof and the charge in any
count in the indictment, either as preferred, or as amended,
the Court may amend the indictment, or any count in it, or
any particulars, so as to make it conformable with the proof;
and if the Court is of opinion that the accused person has not
been misled or prejudiced in his defence by the variance, it
shall make the amendment.
(2) The trial may then proceed in all respects as if
the indictment or count had been originally framed as
amended:
Provided that, if the Court is of opinion that the accused
person has been misled or prejudiced in his defence by the
variance, or omission, or defective statement aforesaid, but
that the effect of his being misled or prejudiced may be
removed by adjourning or postponing the trial, the Court
may, in its discretion, make the amendment and adjourn the
trial to a future day, or discharge the jury and postpone the
trial, on any terms it thinks just.
(3) In determining whether the accused person has
been misled or prejudiced in his defence or not, the Court
shall consider the contents of the depositions as well as the
other circumstances of the case.

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When full
offence charged
and attempt
proved.
Case of attempt
charged – full
of offence
proved.


Full offence
charged – part
proved.
[20 of 1939]

Misdemeanour
charged –
felony proved.
100. Where the complete commission of the offence
charged is not proved, but the evidence establishes an attempt
to commit the offence, the accused person may be convicted
of the attempt, and punished accordingly:
Provided that, after a conviction for the attempt, the
accused person shall not be liable to be prosecuted again for
the offence which he was charged with committing.
101. Where an attempt to commit an offence is
charged, but the evidence establishes the commission of the
full offence, the accused person shall not be entitled to be
acquitted, but he may be convicted of the attempt and
punished accordingly:
Provided that, after a conviction for the attempt, the
accused person shall not be liable to be prosecuted again for
the offence which he was charged with attempting to commit.
102. Every count shall be deemed divisible; and if the
commission of the offence charged, as is described in the
enactment creating the offence, or as charged in the count,
includes the commission of any other offence, the accused
person may be convicted of any offence so included which is
proved, although the whole offence charged is not proved, or
he may be convicted of an attempt to commit any offence so
included:
Provided that on a count charging murder, if the
evidence proves manslaughter, but does not prove murder,
the jury may find the accused person not guilty of murder but
guilty of manslaughter.
103. Where a misdemeanour is charged, and the
evidence establishes the commission of a felony the accused
person shall not by reason thereof be entitled to be acquitted
of the misdemeanour:

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Embezzlement
charged –
larceny proved
and vice versa.

Joiner of counts
and
proceedings.
Provided that no person tried for a misdemeanour shall
be liable to be afterwards prosecuted for felony on the same
facts, unless the Court before which that trial is had thinks fit,
in its discretion, to discharge the jury from giving any verdict
thereon, and to direct the person to be indicted for felony, in
which case he may be dealt with in all respects as if he had
not been put upon his trial for the misdemeanour.
104. (1) Where embezzlement, or the fraudulent
application or disposition of anything, is charged, and the
evidence establishes the commission of larceny of any kind,
the accused person shall not be entitled to be acquitted, but he
may be convicted of the larceny and punished accordingly.
(2) Where larceny of any kind is charged, and the
evidence establishes the commission of embezzlement, or the
fraudulent application or disposition of anything, the accused
person shall not be entitled to be acquitted, but he may be
convicted of the embezzlement or fraudulent application or
disposition, and punished accordingly.
(3) No person so tried for embezzlement,
fraudulent application or disposition, or larceny, as aforesaid
shall be liable to be afterwards prosecuted for larceny,
fraudulent application or disposition, or embezzlement upon
the same facts.
105. (1) Any number of counts for any offences
whatever may be joined in the same indictment, and shall be
sufficiently distinguished:
Provided that to a count charging murder no count
charging any offence other than murder shall be joined.
(2) Where there are more counts than one in an
indictment, each count may be treated as a separate
indictment.

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Objection to
substance of
indictment.
(3) (a) If the Court thinks it conducive to the
ends of justice to do so, it may direct
that the accused person shall be tried
upon any one or more of the counts
separately.
(b) That order may be made either before
or in the course of the trial, and, if it is
made in the course of the trial, the
jury shall be discharged from giving a
verdict upon the counts on which the
trial is not to proceed.
(c) The counts in the indictment which
are not then tried shall be proceeded
upon in all respects as if they had
been contained in a separate
indictment:
Provided that, unless there are special reasons for so
doing, no order shall be made preventing the trial at the same
time of any number of distinct charges of larceny or
embezzlement, not exceeding five, alleged to have been
committed within six months from the first to last of those
offences, whether against the same person or not.
(4) If one sentence is passed upon any verdict of
guilty on an indictment containing more counts than one, the
sentence shall be good if any of those counts would have
justified the sentence.
106. (1) No objection to an indictment shall be taken
by way of demurrer, but if an indictment does not state in
substance an indictable offence or states an offence not triable
by the Court, the accused person may move the Court to
quash it or in arrest of judgment as provided in Title 11.
(2) If the motion is made before the accused person
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Special pleas
allowed to be
pleaded.

pleads, the Court shall either quash the indictment or, if the
Court thinks that it ought to be amended, amend it.
(3) If the defect in the indictment appears to the
Court during the trial, and the Court does not think fit to
amend it, the Court may, in its discretion, quash the
indictment, or leave the objection to be taken in arrest of
judgment.
(4) If the indictment is quashed, the Court may
direct the accused person to plead to another indictment,
when called on at the same sitting of the Court.
Pleas
107. (1) The following special pleas, and no others,
may be pleaded according to the provisions hereinafter
contained, that is to say, a plea of autrefois acquit, a plea of
autrefois convict, a plea of pardon, and in cases of defamatory
libel the plea hereinafter mentioned.
(2) All other grounds of defence may be relied on
under the plea of not guilty.
(3) The plea of autrefois acquit, autrefois convict, and
pardon may be pleaded together, and if pleaded shall be
disposed of before the accused person is called on to plead
further; and if all those pleas are disposed of against the
accused person, he shall be allowed to plead not guilty.
(4) In any plea of autrefois acquit or autrefois convict,
it shall be sufficient for the accused person to state that he has
been lawfully acquitted or convicted, as the case may be, of
is pleaded.
(5) Every special plea shall be in writing, and shall
be filed with the Registrar not less than twenty-four hours
the offence charged in the count or counts to which that plea
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General effect
of pleas
autrefois acquit
and convict.

Effect where
previous
offence charged
was without
aggravation.
before the arraignment of the accused person.
108. (1) On the trial of an issue on a plea of autrefois
acquit or autrefois convict to any count or counts, if it appears
that the matter on which the accused person was tried on the
former trial is the same, in whole or in part, as that on which
it is proposed to try him, and that he might, on the former
trial, have been convicted of all the offences of which he may
be convicted on the count or counts to which that plea is
pleaded, the Court shall give judgment that he be discharged
from that count or those counts.
(2) If it appears that the accused person might, on
the former trial, have been convicted of any offence of which
he may be convicted on the count or counts to which that plea
is pleaded, but that he may be convicted on the count or
counts of some offence or offences of which he could not have
been convicted on the former trial, the Court shall direct that
he shall not be convicted on the count or counts of any offence
of which he might have been convicted on the former trial,
but that he shall plead over as to the other offence or offences
charged.
109. (1) Where an indictment charges substantially the
same offences as that charged in the indictment on which the
accused person was given in charge on a former trial, but
adds a statement of intention or circumstances of aggravation
tending, if proved, to increase the punishment, the previous
acquittal or conviction shall be a bar to the subsequent
indictment.
(2) A previous acquittal or conviction on an
indictment for murder shall be a bar to a second indictment
for the same homicide charging it as manslaughter, and a
previous acquittal or conviction on an indictment for
manslaughter shall be a bar to a second indictment for the
same homicide charging it as murder.

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Use of
depositions on
former trial on
pleas.


Plea of
justification in
case of libel.
110. On the trial of an issue on a plea of autrefois acquit
or autrefois convict, the depositions transmitted to the Registrar
on the former trial, together with the judge’s notes, if
available, and the depositions transmitted to the Registrar on
the subsequent charge, shall be admissible in evidence to
prove or disprove the identity of the charges.
111. (1) Where any person accused of publishing a
defamatory libel pleads that the defamatory matter published
by him was true, and that it was for the public benefit that the
matters charged should be published in the manner in which
and at the time when they were published, that plea may
justify the defamatory matter in the sense specified (if any) in
the count, or in the sense which the defamatory matter bears
without any specification; or separate pleas justifying the
defamatory matter in each sense may be pleaded separately,
as if two libels had been charged in separate counts.
(2) The plea must be in writing, and must set forth
the particular fact or facts by reason of which it was for the
public good that the matters should be so published, and the
State may reply generally denying the truth thereof.
(3) The truth of the matters charged in an alleged
libel shall not in any case be inquired into without the plea of
justification, unless the accused person is put upon his trial on
any indictment alleging that he published the libel knowing it
to be false, when evidence of the truth may be given in order
to negative that allegation.
(4) The accused person may, in addition to the
plea, plead not guilty, and inquiry shall be made of those
pleas together, but no plea of justification herein provided for
shall be pleaded to any indictment or count so far as it
charges a libel to be a seditious, or blasphemous, or obscene
libel.
(5) If when a plea of justification is pleaded the
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Application of
previous
provisions to
criminal
information.


Institution of
proceedings by
Director of
Public
Prosecutions.
[22 of 1961
5 of 1962]

Right of
accused person is convicted, the Court may, in pronouncing
sentence, consider whether his guilt is aggravated or
mitigated by the plea.
(6) If, when a plea of justification is pleaded, the
issue thereon is found against the accused person, the State
shall be entitled to recover from the accused person the costs
sustained by the State by reason of the plea, to be taxed by the
Registrar.
112. The provisions of this Part relating to indictments
shall apply to criminal information, and those of sections 95,
96, 97 and 89 shall (with any modifications by the rules made
under section 94) apply to any plea, replication, or other
criminal pleading.
TITLE 9 – PROCEEDINGS PRELIMINARY TO TRIAL
113. (1) On receipt of the documents relating to the
preliminary inquiry, the Director of Public Prosecutions, if he
sees fit to do so, shall at any time institute those criminal
proceedings in the Court against the accused person which to
him seem legal and proper.
(2) The indictment against the accused person may
include, either in substitution for or in addition to counts
charging the offence for which he was committed, any counts
founded on facts or evidence disclosed in any examination or
deposition taken before a magistrate in his presence, being
counts which may lawfully be joined in the same indictment.
(3) No objection to any indictment presented
against an accused person (whether before or after the
commencement of this subsection) shall be allowed on the
ground that the indictment has been filed after the end of that
sitting of the Court to which he was committed for trial.
114. (1) At any time after the receipt of the documents
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Director of
Public
Prosecutions to
enter noelle
prosequi.

Filing and
service of copy
of indictment.
[22 of 1961]

aforesaid, and either before or at the trial and at any time
before verdict, the Director of Public Prosecutions may enter
nolle prosequi either by stating in Court or by informing the
Court in writing that the State intends that the proceedings
shall not continue, and, thereupon, the accused person shall
be at once discharged in respect of the charge for which nolle
prosequi is entered, and if he has been committed to prison,
shall be released, or if he is on bail, his recognisance 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 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.
115. (1) Subject to the provisions hereafter in this
section contained, every indictment shall be filed in the
registry three days at least before the day of trial of the
accused person charged in the indictment.
(2) The Registrar shall two days at least before the
day of trial deliver or cause to be delivered –
(a) to the keeper of the prison to which
the accused person has been
committed to await trial; or
(b) to the clerk of the magistrate’s court
nominated for the purpose by the
accused person if and when he is
admitted to bail,

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a certified copy of the indictment and the copy shall be given
to the accused person, if he is in custody by the keeper of the
prison, or if he has been admitted to bail, by the clerk of the
magistrate’s court if and when he calls for it at the
magistrate’s court.
(3) For the purposes of the last preceding
subsection –
(a) the delivery to the keeper or to the
clerk of the magistrate’s court of the
copy may be made by transmitting it
in a registered letter by post properly
addressed to him;
(b) any receipt purporting to be given by
any officer of the post office for the
registered letter shall be deemed
prima facie evidence of the posting on
the day stated therein of the letter
addressed as described in the receipt;
and
(c) a certificate, signed by the Registrar,
that a certified copy of an indictment
was enclosed in the registered letter
shall be deemed prima facie evidence
that that copy reached the accused
person charged in the indictment.
(4) An accused person may dispense with either or
both of the requirements as to time hereinbefore contained.
(5) 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 person
shall not be entitled to have a copy served upon him for a
longer period than twenty-four hours before his arraignment
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Bench warrant
where accused
person does not
appear.
Abolition of
trial on
coroner’s
inquisition.

Change of
venue and
proceedings
Abolition of
outlawry.
Attendance of
witness bound
by recognisance
on the other indictment.
116. Where any person against whom an indictment
has been duly presented and who is then at large does not
appear to plead thereto, whether he is under recognisance to
appear or not, the Court may issue a warrant for his
apprehension.
117. After the commencement of this Act no person
shall be tried upon any coroner’s inquisition.
118. (1) Where an accused person is committed for
trial, the Court or a judge, on motion made by or on behalf of
the Director of Public Prosecutions or by the accused person,
and on sufficient grounds shown upon oath to the satisfaction
of the Court or judge, may order that the trial of the cause
shall take place in some other county than that in which the
accused person has been committed for trial.
(2) On that order being made, the cause shall be
tried and determined in the county directed by the order; and
all recognisances, subpoenas, and proceedings in or relating
to the cause, shall thereupon be deemed to be returnable, and
shall, by virtue of the order, be forthwith transferred and
returned, into that county, and all witnesses who are bound
by recognisance or summoned to attend the trial shall attend
in that county, and any final judgment, sentence, or order in
the cause shall be carried into execution in the county or place
directed by the Court before which the trial is had.
119. Outlawry in criminal cases is abolished.
TITLE 10 – WITNESSES
Attendance of Witness
120. Everyone bound by recognisance to attend any
sitting of the Court as a witness, whether for the prosecution
thereon.
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to attend.


Writ of
subpoena for
witness.

Preparation
and issue of
writ.
[33 of 1995
4 of 1972
6 of 1997]

or for the defence, in any cause to be tried at the sitting, shall
be bound to attend the Court, without any subpoena or
notice, on the day appointed for the trial of the cause and on
subsequent days of the sitting, until it has been disposed of,
or until he has been discharged by the Court from further
attendance:
Provided that on satisfying the Registrar that he has
attended the Court on any day in the sitting earlier than the
day appointed for the trial of the cause in which he is a
witness, and that he resides more than five miles from a place
mentioned in section 4, he shall be entitled to have his
expenses for that day allowed.
121. Every person whose attendance as a witness,
whether for the prosecution or for the defence, is required in
any cause, and who has not been bound by recognisance to
attend as a witness at the sitting of the Court at which the
cause is to be tried, shall be summoned by a writ of subpoena
which shall issue in the name of the Registrar of the Supreme
Court.
122. (1) On being furnished at any time before or
during any sitting of the Court, with the names and places of
abode of any witnesses on behalf of the prosecution or of the
defence whose attendance at the trial of any cause is required
to be secured by subpoena, the Registrar shall prepare, and
deliver to the police officer in charge of the county in which
the Court is sitting, a writ or writs of subpoena, together with
as many copies thereof as there are witnesses named in the
writ or writs.
(2) Where a writ is applied for and obtained by any
accused person who has been committed for trial on a charge
of having committed any indictable offence other than a
capital offence, the Registrar shall insert in the margin of the
writ the name of the person who applied for and obtained it,
and that person shall pay to the Registrar the sum of sixty-
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Service of writ.
[4 of 1972]
five dollars:
Provided that the Court may, on the application of an
accused person, direct the registrar to prepare and issue a
writ, free of charge, where the Court is satisfied that such
person has not the means to pay the charge prescribed in this
subsection.
(3) Where application is made to the Court to
postpone the trial of any cause on the ground of the absence
of any witness stated to be material, it shall be taken as prima
facie evidence, liable, nevertheless, to be rebutted, that the
party applying for the postponement has not exercised due
diligence to secure the attendance of that witness, if it appears
that no subpoena to him was served in time to enable him to
attend on the day of trial.
123. (1) The police officer shall with all diligence cause
a member of the police force to serve a writ of subpoena upon
every person named therein by delivering a copy thereof to
him personally, or, if he cannot, with the exercise of
reasonable diligence, be encountered, by leaving a copy of it
with some person for him at his last or most usual place of
abode.
(2) The officer serving the writ shall note the
service, with the date thereof, upon the original writ and shall
forthwith deliver the original writ to the office of the
Registrar, with a certificate thereon endorsed and subscribed
as to the service or non-service thereof, as the circumstances
of the case may require; and in all cases the return of the
officer, duly certified as aforesaid shall be received and taken
as prima facie evidence of the facts in the return.
(3) No fee shall be payable for the service of the
writ, except in respect of any witness required for the defence,
in any event other than that of a capital offence, whose
deposition has not been taken at the preliminary inquiry and
transmitted with the documents in the cause, and in that case
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Warrant for
apprehension
of witness
disobeying
summons.


Warrant for
apprehension
of witness not
attending on
recognisance.


Penalty for
non-attendance
of witness.
[6 of 1997]

Warrant for
apprehension
of witness in
first instance.
the officer shall not serve the writ until a reasonable sum has
been lodged with the Registrar by the accused person for the
expense of the service.
124. If anyone to whom the writ is directed does not
attend the Court at the time and place mentioned therein, and
no reasonable excuse is offered for his non-attendance, then,
after proof upon oath, to the satisfaction of the Court, that the
writ was duly served or that that person 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 him, 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.
125. If any person who has been bound by
recognisance to attend as a witness, whether for the
prosecution or for the defence, at the trial of any cause does
not attend the Court on the day appointed for that trial, and
no reasonable excuse is offered for his non-attendance, the
Court may issue a warrant to apprehend him, 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.
126. Every person who makes default in attending as
a witness in either of the cases mentioned in the last two
preceding sections shall be liable, on the summary order of
the Court, to a fine of nineteen thousand five hundred dollars
and, in default of payment, to imprisonment for two months.
127. (1) If a judge is satisfied, by proof upon oath, that
any person likely to give material evidence, either for the
prosecution or for the defence, on the trial of any cause, will
not attend to give evidence without being compelled to do so,
he may order that, instead of a subpoena being issued, a
warrant shall be issued in the first instance for the
apprehension of that person.
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List of
witnesses not
required to be
filed.

Mode of
dealing with
witness
refusing to be
sworn or to
give or produce
evidence.
[6 of 1997]

(2) Every person arrested under the warrant shall,
if the trial of the cause 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 recognisance, to the satisfaction
of the judge, for his appearance at the trial, order him to be
released from custody, or shall on his failing to furnish that
security order him to be detained for production at the trial.
128. Neither the State nor the accused person shall be
required to file any list of the witnesses to be examined or of
the documentary evidence to be produced at the trial on
behalf of the prosecution or of the defence.
Examination of Witness
129. (l) Where any person, attending the Court as a
witness either on his recognisance, or in obedience to a
subpoena, or by virtue of a warrant, or being present in Court
and being verbally required by the Court to give evidence in
any cause –
(a) refuses to be sworn as a witness; or
(b) having been so sworn, refuses to
answer any question put to him by or
with the sanction of the Court; or
(c) refuses or neglects to produce any
document which he is required by the
Court to produce,
without in any of those cases offering any sufficient excuse for
the refusal or neglect, the Court may, if it thinks fit, adjourn or
postpone the trial of the cause for any period not later than
the ensuing sitting of the Court for the same county, and may
in the meantime, by warrant, commit the person to prison.

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Non-
attendance of
witness at
adjourned trial.
Procedure with
respect to
witnesses
where trial is
postponed.
(2) If the person, upon being brought before the
Court at or before the 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 cause and
commit him in like manner, and so again from time to time
until he consents to do what is so required of him.
(3) Every person who is guilty of the refusal or
neglect aforesaid shall also be liable, on the summary order of
the Court, either in addition to or in lieu of that punishment,
to a fine of nineteen thousand five hundred dollars, and, in
default of payment, to imprisonment for two months.
(4) Nothing in this section contained shall affect
the liability of the 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 produced before it.
130. Every witness present when the trial or further
trial of a case is adjourned, or who has been duly notified of
the time to which it is so adjourned, shall be bound to attend
at that 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.
131. (1) Where the trial of any cause is postponed
from one sitting of the Court to another sitting, the Court may
respite the recognisance of every witness bound by
recognisance to attend the first-mentioned sitting, and that
witness shall be bound to attend to give evidence at the other
sitting without entering into any fresh recognisance for that
purpose, in the same manner as if he was originally bound by
his recognisance to attend and give evidence at the other
sitting.

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Remuneration
and travelling
expense of
witnesses.
[31 of 1930]
(2) The Registrar shall deliver or cause to be
delivered to every witness in any case so postponed a notice
in writing informing him of the day on which the sitting of
the Court to which the cause is postponed will commence and
of the manner in which he can ascertain the day on which the
cause will be tried.
Remuneration of Witness
132. (1) Every person who attends any sitting of the
Court as a witness for the prosecution shall be entitled at the
conclusion of the case and after his account has been duly
taxed by the Registrar, whether he has been examined or not,
to such sums for his attendance and his travelling expenses as
are mentioned in the Sixth Schedule.
(2) A witness for the defence –
(a) who has given evidence at a
preliminary inquiry and attends in
pursuance of a recognisance; or
(b) who attends in obedience to a
subpoena or by virtue of a warrant
and gives evidence, if a reasonable
explanation is given to the Court or a
judge why he was not examined at
the preliminary inquiry and the Court
or a judge certifies that his evidence is
material and he has attended in the
interests of justice, or
(c) who attends in obedience to a
subpoena or by virtue of a warrant
but has not given evidence, if a
reasonable explanation is given to the
Court or a judge why he was not
examined at the preliminary inquiry
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Form and
particulars of
minutes of
proceedings on
trial.
and the Court or a judge certifies that
he has attended at the trial in the
interests of justice,
shall be entitled to be allowed and paid his allowance and
travelling expenses after his account has been taxed by the
Registrar as aforesaid.
(3) The judge may, if he thinks fit, order that the
payment of any sum to any witness mentioned in the two
preceding subsections be disallowed.
(4) Every witness who has received a notice in
writing as hereinbefore mentioned shall produce it to the
Registrar when his account is being taxed.
(5) On presentation of a taxed account to any
officer for the time being directed by the Minister responsible
for finance, it shall be paid out of the moneys provided by
Parliament.
(6) No claim made by a witness for any sum
aforesaid shall be entertained unless the claim is made within
one month after the last day of the sitting of the Court in
respect of which it is made.
TITLE 11 – TRIAL
Records
133. (1) It shall not in any case be necessary to draw
up a formal record of the proceedings on any trial for an
indictable offence, but the Registrar shall cause to be
preserved all indictments, pleas, and depositions filed with or
delivered to him, and he shall keep a book, to be called “the
State Book”, which shall be the property of the Court and be
deemed a record thereof.

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Original record
of proceedings.

Furnishing the
Minister with
copies of
records.

Bringing
prisoner up for
arraignment.


(2) In the State Book shall be entered the name of
the judge, and a memorandum of the substance of all
proceedings at every trial and of the result of every trial; and
any certificate of any indictment trial, conviction, or acquittal,
or of the substance thereof, shall be made up from the
memorandum in the book, and shall be receivable in evidence
for the same purpose and to the same extent as certificates of
records, or the substantial parts thereof, are by law receivable:
Provided always that nothing herein contained shall
dispense with the taking of notes by the judge presiding at
the trial.
(3) Any erroneous or defective entry in the State
Book may at any time be amended by a judge in accordance
with the fact.
134. The indictment, the plea or pleas thereto, the
names of the jurors, the verdict and the judgment or sentence
of the Court shall form and be the record of the proceedings
in each cause and shall be kept and preserved as of record in
the registry.
135. It shall be the duty of the Registrar, whenever
thereto required, to furnish the Minister with copies of and
extracts from all records, minutes, and proceedings of the
Court and all returns relating thereto that the Minister may
require.
Arraignment
136. If the accused person is at the time confined for
some other cause in any prison, the Court may, by order in
writing, without writ of habeas corpus, direct the keeper of the
prison to bring up the body of the accused, as often as may be
required, for the purpose of the trial, and the keeper shall
obey the order.

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Postponement
of trial.

Arraignment of
accused person.
Procedure on
indictment
containing
count charging
previous
conviction.

Proof of
previous
conviction.
[21 of 1932]
137. If an application is made to the Court by the
accused person or the Director of Public Prosecutions for a
postponement of the trial, and the Court is of opinion that the
accused person ought to be allowed a further time, either to
prepare for his defence or otherwise, or that for any reason it
is advisable in the interests of justice, the Court may postpone
the trial, either to a later day in the same sitting of the Court,
or to the next subsequent sitting of the Court for the same
county, as the Court thinks fit, upon any terms as to bail or
otherwise the Court deems proper.
138. Every accused person, on being called upon to
plead, shall be entitled to have the indictment on which he is
to be tried read over to him.
139. Where an indictment contains a count charging
the accused person with having been previously convicted, he
shall not, at the time of his arraignment, be required to plead
to it unless he pleads guilty to the rest of the indictment, nor
shall that count be mentioned to the jury when the accused
person is given in charge to them, or when they are sworn,
nor shall he be tried upon it if he is acquitted on the other
counts; but, if he is convicted on any other part of the
indictment, he shall be asked whether he has been previously
convicted as alleged or not; and, if he says that he has not or
does not say that he has been so convicted, the jury shall be
charged to inquire into the matter as in other causes.
140. Where upon the trial of an indictment it is
proposed to prove against the defendant the fact of a previous
conviction –
(a) a copy of the conviction for the
offence punishable on summary
conviction, or a certificate containing
the substance and effect only
(omitting the formal part) of the
indictment and conviction for the
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Proof of
previous trial
on trial for
perjury.


Abolition of
pleas in
abatement.
Pleading and
refusal to
plead.
indictable offence, or as the case may
be, purporting to be signed by the
officer having the custody of the
records of the Court where the
offender was convicted, or
(b) production of a copy of a warrant of
commitment reciting the conviction
purporting to be certified under the
hand of the keeper of a prison, or
production of a register kept under
section 5 of the Prevention of Crimes
Act containing an entry of the
conviction,
shall, upon proof of identity of the person, be sufficient
evidence of the conviction.
141. A certificate containing the substance and effect
only (omitting the formal part) of the indictment and trial for
any indictable offence, purporting to be signed by the
Registrar, shall, on the trial of any indictment for perjury or
subornation of perjury, be sufficient evidence of the trial of
the previous indictment, without proof of the signature or
official character of the person appearing to have signed the
certificate.
PLEA
142. No plea in abatement shall be allowed after the
commencement of this Act.
143. (1) When the accused person is called upon to
plead, he may plead either guilty or not guilty, or the special
pleas hereinbefore mentioned.
(2) If the accused person wilfully refuses to plead
or will not answer directly, the Court may, if it thinks fit,
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Effect of plea of
not guilty.


Recording plea.
Abolition of
inquiry as to
property or
flight in
treason.

Case for the
prosecution.
Case for the
defence.

Right of reply.
Procedure
where person is
committed for
order the Registrar to enter a plea of not guilty, and the plea
so entered shall have the same force and effect as if the
accused person had actually so pleaded.
144. If the accused person pleads not guilty, he shall
thereby without any further form, be deemed to have put
himself upon the country for trial, and the Court shall order a
jury for his trial accordingly.
145. Every plea shall be entered by the Registrar on
the back of the indictment or on a sheet of paper annexed
thereto.
146. Where any person is indicted for treason or
felony, the jury empanelled to try him shall not be charged to
inquire concerning his movable or immovable property, or
whether he fled for the treason or felony.
Further Proceedings at Trial
147. After the accused person has been given in
charge to the jury, or when the jury have been sworn, counsel
for the State may open the case against the accused person,
and adduce evidence in support of the charge.
148. The accused person or his counsel shall be
allowed, if he thinks fit, to open his case, and, after the
conclusion of the opening, the accused person or his counsel
shall be entitled to adduce evidence in support of the defence,
and, when all the evidence is concluded, to sum up the
evidence.
149. Counsel for the State shall in all cases have the
right to reply.
150. (1) If, either before or during the trial of an
accused person, it appears to the Court that he has been guilty
of an offence punishable on summary conviction, the Court
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Adjournment,
or discharge of
jury and
postponement,
of trial.


Recalling
witness.

may either order that the cause shall be remitted to a
magistrate with any directions it thinks proper, or allow it to
proceed, and, in case of conviction, impose any lawful and
proper punishment upon the person so convicted.
(2) It shall be the duty of a magistrate to obey any
directions so addressed to him.
151. (1) If the Court is of opinion that the accused
person is taken by surprise, in a manner likely to be
prejudicial to his defence, by the production on behalf of the
State of a witness who has not made any deposition, and of
the intention to produce whom the accused has not had
sufficient notice, or if the Court is of opinion that the State is
entitled to produce rebutting evidence, the Court may, on the
application of the accused person, or of the Director of Public
Prosecutions, as the case may be, adjourn the further trial of
the cause, or discharge the jury from giving a verdict and
postpone the trial.
(2) If the Court is of opinion that any witness who
is not called for the prosecution ought to be so called, it may
require the State to call him, and, if the witness is not in
attendance, may make an order that his attendance be
procured, and the Court may, if it thinks fit, adjourn the
further hearing of the cause to some other time during the
sitting until that witness attends.
(3) If, in that case, the Court is of opinion that it
would be conducive to the ends of justice to do so, it may, on
the application of the accused person or the Director of Public
Prosecutions, discharge the jury and postpone the trial.
152 The Court shall have full power and authority
during any part of the trial, or after the case on both sides has
been closed, to call and examine any witness, whether
produced before the Court in the course of the trial or not.
error.
trial through
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Summing up.
Consideration
of verdict.

Retirement of
jury for
consideration
of verdict.

Communica-
tion with jury
while in
retirement
considering
verdict.

Accommoda-
tion of jury
kept together
or in
retirement.

Number of
jurors required
to find verdict.
153. When the case on both sides is closed, the judge
shall, if necessary, sum up the law and evidence therein.
154. After the judge’s summing up, or, if there is no
summing up, on the conclusion of the case on both sides, the
jury shall consider their verdict.
155. If the jury are not immediately prepared to return
their verdict, they may, by the direction of the Court or
otherwise, retire for the purpose of considering it, and in that
case the Court shall direct that the jury shall be kept together
and proper provision made for preventing them from holding
communication with any person on the subject of the trial.
156. (1) If the jury retire to consider their verdict, none
other than the officer of the Court who has charge of them
shall be permitted to speak to, or to communicate in any way
with, any of them, without the leave of the Court.
(2) Disobedience to the directions of this section
shall not affect the validity of the proceedings:
Provided that, if the disobedience is discovered before
the verdict of the jury is returned, the Court may, if it is of
opinion that the disobedience has produced substantial
mischief, discharge the jury, and direct a new jury to be
empanelled and sworn during the same sitting of the Court,
or may postpone the trial, on such terms as justice may
require.
157. If the jury are not permitted to separate during an
adjournment, and when the jury have retired to consider their
verdict, the Court may give any directions it thinks fit with
respect to their accommodation, custody, and refreshment.
158. With respect to the deliberation and verdict of the
jury, the following provisions shall have effect:
[20 of 1939]
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Delivery of
verdict.
Recording of
verdict.
Verdict of not
guilty.

(a) on the trial of a capital offence the
verdict for that offence shall be
unanimous:
Provided that where a person is arraigned for any offence
punishable with death and the jury, by a majority of not less
than ten, find such person guilty of a lesser crime, then the
finding of the majority shall, subject to the provisions of
paragraphs (b) and (c), be taken as the verdict and sentence
shall follow accordingly;
(b) on the trial of any offence other than a
capital offence, during the first and
second hours after the jury begin to
consider their verdict, the verdict
shall be unanimous; and
(c) on the trial of any offence other than a
capital offence, if, on the expiration of
two hours from the time when the
jury begin to consider their verdict,
they are agreed in the proportion of
eleven to one or ten to two, or, where
the jury consist of eleven jurors, in the
proportion of ten to one, the verdict of
that majority shall be taken and have
effect as the verdict of the jury.
159. The verdict of the jury shall be delivered verbally
by the foreman of the jury in open court and in the presence
of the other jurors, and when returned and accepted by the
Court shall be entered by the Registrar on the back of the
indictment or on a sheet of paper annexed thereto, before the
jury are discharged.
160. (l) If the jury find the accused person not guilty,
he shall be immediately discharged from custody on that
indictment.
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Plea or verdict
of guilty,
motion in arrest
of judgment
and sentence.

Motion in
arrest of
judgment.

Recording
judgement.
(2) If the accused person pleads guilty or if the jury
find the accused person guilty, it shall be the duty of the
Registrar to ask him whether he has anything to say why
sentence should not be passed upon him according to law;
but the omission so to ask shall not affect the validity of the
proceedings.
161. (l) The accused person may, at any time before
sentence, move in arrest of judgment on the ground that the
indictment does not (after any amendment which the Court is
willing and has power to make) state any indictable offence.
(2) (a) If that motion is made, the Court may,
in its discretion, either hear and
determine the matter during the same
sitting, or adjourn the hearing thereof
to a future time to be fixed for that
purpose.
(b) If the Court decides in favour of the
accused person, he shall be
discharged from that indictment.
(c) If the motion is not made, or if the
Court decides against the accused
person upon the motion, the Court
may either sentence the accused
person at any time during the same
sitting of the Court, or may, in its
discretion, discharge him on his own
recognisance or on that of the sureties
whom the Court thinks fit, or both, to
appear and receive judgment at the
same or some future sitting of the
Court, or when called upon.
162. The judgment or sentence of the Court shall be
entered by the Registrar on the back of the indictment or on a
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Sentence of
death
[9 of 1953]

Special
provision for
saving validity
of verdict in
cases of
larceny,
embezzlement
and the like.

sheet of paper annexed thereto.
163. Where any person is convicted of an offence
punishable with death, the Court shall thereupon pronounce
sentence of death, and the sentence may be carried into
execution, and all other proceedings thereupon and in respect
thereof may be had and taken, in the same manner as
sentence of death might have been pronounced and carried
into execution, and all other proceedings thereupon and in
respect thereof might have been had and taken, before the
commencement of this Act, on a conviction for any felony for
which the person convicted might have been sentenced to
suffer death as a felon, but subject to this Act:
Provided that sentence of death shall not be pronounced
on or recorded against a person convicted of an offence if it
appears to the Court that at the time when the offence was
committed he was under the age of eighteen years; but in lieu
thereof the Court shall sentence him to be detained during the
President’s pleasure; and if so sentenced he shall be liable to
be detained in such place and under such conditions as the
Minister may direct, and whilst so detained shall be deemed
to be in lawful custody.
164. (1) No verdict of any jury against any person, and
no sentence of the Court on any person found guilty of
larceny, embezzlement, fraudulent application or disposition
of anything, or obtaining anything by false pretences, shall be
set aside or reversed, if on the trial there was evidence to
prove that that person committed any one of those offences.
(2) The punishment awarded against that person
shall not exceed the punishment which could have been
awarded for the offence actually committed, according to the
proper legal designation thereof, and no person so convicted
shall be liable to be afterwards prosecuted for any of those
offences upon the same facts.

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Abolition of
attainder for
forfeiture and
escheat.

Sentence of
death not to be
passed on
pregnant
woman.
[21 of 1932]

Procedure
where woman
convicted of
capital offence
alleges she is
pregnant.
[21 of 1932]
165. No confession, verdict, inquest, conviction, or
judgment of or for any treason, or felony, or felo de se shall
cause any attainder or corruption of blood, or any forfeiture
or escheat.
166. Where a woman convicted of an offence
punishable with death is found in accordance with this Act to
be pregnant, the sentence to be passed on her shall be a
sentence of imprisonment for life instead of sentence of death.
167. (l) Where a woman convicted of an offence
punishable with death alleges that she is pregnant, or where
the Court before whom a woman is so convicted thinks fit so
to order, the question whether or not the woman is pregnant
shall, before sentence is passed on her, be determined by a
jury.
(2) Subject to this subsection, the said jury shall be
the trial jury, that is to say the jury to whom she was given in
charge to be tried for the offence, and the members of the jury
need not be re-sworn:
Provided that –
(a) if any member of the trial jury, either
before or after conviction, dies or is
discharged by the Court as being
through illness incapable of
continuing to act or for any other
cause, the inquiry as to whether or not
the woman is pregnant shall proceed
without him; and
(b) where there is no trial jury, or where a
jury have disagreed as to whether the
woman is or is not pregnant, or have
been discharged by the Court without
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Where person
convicted
wishes other
offences to be
taken into
consideration.
[2 of 1948]
Adjournment
of trial.


Mode of
dealing with
giving a verdict on that question, the
jury shall be constituted as if to try
whether or not she was fit to plead
and shall be sworn in such manner as
the Court may direct.
(3) The question whether the woman is pregnant
or not shall be determined by the jury on such evidence as
may be laid before them either on the part of the woman or
on the part of the State, and the jury shall find that the woman
is not pregnant unless it is proved affirmatively to their
satisfaction that she is pregnant.
(4) The rights conferred by this section on a
woman convicted of an offence punishable with death shall
be in substitution for the right of such woman to allege in stay
of execution that she is quick with child and the last-
mentioned right shall cease as from the 3rd May, 1932.
168. The Court may, if it thinks fit, take into
consideration, when sentencing a person who has been
convicted of an indictable offence, any other offence which
such person admits that he has committed and which he asks
to be taken into consideration as aforesaid; and any certificate
issued as to such sentence shall contain a statement of the
offence or offences taken into consideration as aforesaid.
169. (l) From the time when the accused person is
given in charge to the jury or when the jury are sworn, the
trial shall proceed continuously, subject to the power of the
Court to adjourn it.
(2) No formal adjournment of the Court shall
hereafter be required and no entry thereof in the State Book
shall be necessary.
170. (1) Upon any adjournment of a trial, the Court
may in all cases, if it thinks fit, direct that during the
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jury on
adjournment of
trial.

Discharge of
jury in certain
special cases.

Effect on
recognisance of
postponement
of trial.
adjournment the jury shall be kept together and proper
provision made for preventing them from holding
communication with any person on the subject of the trial; if
the direction is not given, the jury shall be permitted to
separate.
(2) If the jury are permitted to separate, the Court
shall admonish them of their duty not to converse with any
person or among themselves on any subject connected with
the trial, or to form or express any opinion on the case until it
is finally submitted to them.
171. (1) The Court may, in its discretion, in case of any
emergency or casualty rendering it, in its opinion, expedient
for the ends of justice to do so, discharge the jury without
their giving a verdict, and direct a new jury to be empanelled
during the same sitting of the Court, or may postpone the trial
on such terms as justice may require.
(2) If the judge becomes incapable of trying the
cause or directing the jury to be discharged, the Registrar
shall discharge the jury.
(3) If one or more of the jurors, before they begin to
consider their verdict, becomes or become, in the opinion of
the Court, incapable of continuing to perform his or their
duty, the Court may either discharge the jury and direct a
new jury to be empanelled during the same sitting of the
Court, or may postpone the trial, or may, in its discretion and
with the consent of counsel for the State and of the accused
person, in any case other than that of a capital offence,
proceed with the remaining jurors and take their verdict,
which shall have the same effect as the verdict of the whole
number.
172. Whenever the trial of an accused person is
postponed, the Court may respite the recognisance of the
accused person and his surety or sureties (if any) accordingly,
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Presence of
accused person
at trial.
[21 of 1978]

and in that case he shall be bound to appear to be tried at the
time and place to which the trial is postponed, without
entering into any fresh recognisance for that purpose, in the
same manner as if he were originally bound by his
recognisance to appear and be tried at the time and place to
which the trial has been so postponed.
173. (1) Every accused person shall be entitled to be
present in Court during the whole of his trial, unless he
misconducts himself by so interrupting the proceedings as to
render their continuance in his presence impracticable.
(2) The Court may, if it thinks proper, permit the
accused person to be out of Court during the whole or any
part of the trial on any terms it deems right.
(3) Where an accused person absents himself or
seeks to absent himself from trial on the ground of illness the
Court may order him to submit himself for examination by a
registered medical practitioner designated by the Court in
order to determine whether or not he is fit to attend the trial
and thereafter the Court may proceed with the trial in the
absence of the accused person if –
(a) he does not submit himself for the
examination; or
(b) the Court, having considered the
report of that examination, together
with any other report of any
registered medical practitioner
tendered by the accused person and,
if necessary, the testimony on oath of
any registered medical practitioner, is
satisfied that the accused person is
capable of attending the trial.

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Validity of
proceedings on
Sunday.
Publication of
list of persons
convicted.

Procedure
where person
indicted
appears on
arraignment or
during trial, to
be insane.


When accused
found to be
insane jury not
to find verdict
on indictment.

Special verdict
where accused
person found
guilty, but
insane at date
of act or
omission
174. The taking of the verdict of the jury or other
proceeding of the Court shall not be invalid by reason of its
happening on Sunday.
175. As soon as practicable after the conclusion of
every sitting of the Court, the Registrar shall publish in the
Gazette and in one or more newspapers of Guyana a list
containing the names of all persons convicted at the sitting,
the offences for which they were indicted, the offences of
which they were convicted, and the sentences of the Court in
their respective cases.
Arraignment and Trial of Insane Persons
176. If any accused person appears, either before or on
arraignment, to be insane, the Court may order a jury to be
empanelled to try the sanity of that person, and the jury shall
thereupon, after hearing evidence for that purpose, find
whether he is or is not insane and unfit to take his trial; but 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, if he subsequently becomes of sound mind.
177. If, during the trial of any accused person, he
appears, after the hearing of evidence to that effect or
otherwise, to the jury charged with the indictment, to be
insane, the Court shall in that case direct the jury to abstain
from finding a verdict upon the indictment, and, in lieu
thereof, to return a verdict that the accused is insane; but 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, if he subsequently becomes of sound mind.
178. Where in an indictment any act or omission is
charged against any person as an offence, and it is given in
evidence on the trial of that person for that offence that he
was insane, so as not to be responsible, according to law, for
his actions at the time when the act was done or the omission
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charged.


Provision for
custody of
accused person
found insane.
Judge to report
finding to the
Minister.


By whom
sentences to be
executed.

Sentences of
imprisonment.
c. 11:01

made, then, if it appears to the jury before whom the person is
tried that he did the act or made the omission charged, but
was insane as aforesaid at the time when he did or made it,
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.
179. (1) Where any person is found to be insane under
sections 176 and 177, or has a special verdict found against
him under the last preceding section, the Court shall direct
the finding of the jury to be recorded, and thereupon may
order the person to be detained in safe custody, in such place
and manner as the Court thinks fit, until the President’s
pleasure is known.
(2) The judge shall immediately report the finding
of the jury and the detention to the Minister, who shall order
the person to be dealt with as a lunatic under the laws of
Guyana for the time being in force for the care and custody of
lunatics, or otherwise as he thinks proper.
PART IV
TITLE 12 – EXECUTION AND SENTENCES
180. The execution of the sentence of the Court, other
than a sentence of death, shall be carried into effect by an
officer appointed for that purpose, and every sentence of
imprisonment pronounced by the Court shall take effect from
the first day of the sitting at which it was passed, unless
otherwise ordered.
Imprisonment
181. Every person sentenced to imprisonment shall be
imprisoned in one of the prisons of Guyana under the Prison
Act.

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Effect of
undergoing
sentence for
felony not
punishable
with death.

Saving of
powers of
committal to
reformatory.

Place where
judgment of
death to be
executed.
[4 of 1972]
Immateriality
of time and
place of
execution
mentioned in
judgment.

Persons to be
present at
execution.

Suffering Punishment
182. Where any person convicted of any felony not
punishable with death has suffered or shall suffer the
punishment to which he has been or is sentenced therefor, the
punishment so suffered has and shall have the like effects and
consequences as a pardon under the public seal as to the
felony whereof the offender was or is so convicted:
Provided that nothing herein contained, nor suffering
that punishment, shall prevent or mitigate any punishment to
which the offender might otherwise be lawfully sentenced on
a subsequent conviction for any other felony.
183. Nothing in this Act shall interfere with any
power of the Court to order a person to be committed to or
detained in any reformatory or training school, or other
similar institution.
Capital Punishment
184. (1) Judgment of death to be executed on a person
sentenced to death shall be carried into effect, within the
walls of the prison in which that person is confined at the
time of execution.
(2) Nothing in any law or usage in Guyana shall be
held or taken to constitute either the time or place of
execution an essential part of any judgment of death
pronounced by the Court upon any person convicted of an
offence punishable with death, so as to render the judgment
spent or vacated because that person was not executed at the
time or place appointed by the Court.
185. (1) The Director of Prisons, the keeper of the
prison, and the medical officer of the prison, and any other
officers of the prison the Director of Prisons requires, shall be
present at the execution, and no other person shall be
required to be so present.
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Post mortem
examination.
Fourth
Schedule.
Form 19.

Form 20.

Publication of
certificate and
declaration.


Signing false
certificate or
declaration.

Saving as to
non-
compliance
with directions.

(2) Any justice of the peace, and those relatives of
the person sentenced, or other persons, whom the Director of
Prisons thinks it proper to admit within the prison for the
purpose, may also be present at the execution.
186. (1) As soon as may be after judgment of death has
been executed on the person sentenced, the medical officer of
the prison shall examine the body and ascertain the fact of
death, and shall sign a certificate thereof and deliver it to the
Director of Prisons.
(2) The Director of Prisons, the keeper of the
prison, and those officers and other persons present (if any)
whom the Director of Prisons requires or allows to do so,
shall also sign a declaration to the effect that judgment of
death has been executed on the person sentenced.
187. (1) Every certificate and declaration mentioned in
the preceding section shall in each case be forthwith
transmitted by the Director of Prisons to the Minister; and
copies certified by the Director of Prisons of those several
documents shall as soon as possible be exhibited and for
twenty-four hours at least be kept exhibited on or near the
principal entrance of the prison within which judgment of
death has been executed.
(2) Anyone who knowingly and wilfully signs any
false certificate or declaration required by this Title relating to
capital punishment shall be guilty of a misdemeanour and
shall be liable to imprisonment for two years.
188. The omission to comply with any provision of
this Title relating to capital punishment shall not make the
execution of judgment of death illegal in any case where it
would otherwise have been legal.

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Making of
regulations.

General
saving.

Commutation
of sentence of
death.


Mode of
conducting
case.

189. The Minister may make any regulations he deems
expedient for observance in every prison on the execution of
judgment of death for the purpose as well of guarding against
any abuse in the execution, as of giving greater solemnity
thereto and of making known without the prison walls the
fact that the execution is taking place.
190. Except in so far as is in this Title otherwise
provided, judgment of death shall be carried into effect in the
same manner as if this Act had not passed.
191. Whenever the President is pleased to grant a
pardon to any person sentenced to death for any offence by
law punishable with death, the President may, by warrant
under his hand and the public seal, order that that person
shall be kept in imprisonment for his natural life or for a term
of years specified in the warrant; and that warrant shall be as
effectual in the law, and shall be carried to execution in the
same manner, as if it had been a sentence of imprisonment for
that term pronounced by the Court against that person and
recorded for an offence in respect of which that sentence
might have been pronounced by the Court.
TITLE 13 – MISCELLANEOUS MATTERS
192. (1) Every prosecutor and every accused person
may conduct his case on the preliminary inquiry before a
magistrate in person, or by counsel, and every accused person
may conduct his case in the Court in person or by counsel.
(2) If an accused person is in custody, his counsel
shall be entitled to have access to him for the purposes of the
prosecution or of the defence, as the case may be, subject to
any restrictions and conditions imposed by the regulations of
the prison in which he is confined.


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Mode of stating
ownership of
property of
partners.



Mode of stating
ownership of
place of
worship.


Mode of stating
ownership of
public
property.
[24 of 1969]
c. 28:01
193. (1) Where in any document in any proceeding
under this Act it is necessary to state the ownership of any
property whatsoever, whether movable or immovable, which
belongs to, or is in the possession of, more than one person, it
shall be sufficient to name one of those persons, and to state
the property to belong to the person so named and another, or
others, as the case may be.
(2) Where in the document it is necessary to
mention for any purpose whatsoever any partners or other
joint owners or possessors, it shall be sufficient to describe
them in manner aforesaid.
(3) This section shall be construed to extend to all
joint stock companies and associations, societies, and trustees.
194. Where in any document in any proceeding under
this Act it is necessary to state the ownership of any church,
chapel, or building set apart for religious worship, or of
anything belonging to or being in it, it shall be sufficient to
state that the church, chapel, building, or thing, is the
property of the clergyman, or of the officiating minister, or of
the churchwarden or churchwardens of the church, chapel, or
building, without its being necessary to name him or them.
195. Where in any document in any proceeding under
this Act it is necessary to state the ownership of any work or
building, made, erected, or maintained, either in whole or in
part, at the expense of the inhabitants of Guyana, or of any
city, town, local government district established under the
Municipal and District Councils Act, or village thereof, or of
anything belonging to or being in or used in relation to the
work or building, or of anything provided for the use of the
poor or of any public institution or establishment, or of any
materials or tools provided or used for repairing the work or
building or any public road or highway, or of any other
property whatsoever, whether movable or immovable, of the
inhabitants aforesaid, it shall be sufficient to state that that
Ownership of Property
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Criminal
remedies of
married
woman against
her husband
and others in
respect of
property.


Criminal
liability of wife
to husband.


Summary
apprehension
property is the property of the inhabitants of Guyana, or of
the city, town, local government district established under the
Municipal and District Councils Act, or village, as the case
may be, without naming any of them.
196. (1) Every married woman shall have in her own
name against all persons whatsoever, including her husband
(subject as regards her husband to the proviso hereafter in
this section contained) the same remedies and redress, by way
of criminal proceedings, for the protection and security of her
own separate property as if that property belonged to her as
an unmarried woman.
(2) In any indictment or other proceeding under
this section, it shall be sufficient to allege the property to
which the indictment or other proceeding relates to be the
property of the married woman:
Provided that no proceeding shall be taken by any wife
against her husband by virtue of this section, while they are
living together as to or concerning any property claimed by
her, or while they are living apart as to or concerning any act
done by the husband while they were living together,
concerning property claimed by the wife, unless that property
has been wrongfully taken by the husband when leaving or
deserting his wife, or about to leave or desert her.
197. A wife who does any act with respect to any
property of her husband which, if done by the husband with
respect to property of the wife, would make the husband
liable to criminal proceedings by the wife under the
preceding section, shall in like manner be liable to criminal
proceedings by her husband.
Arrest
198. (1) Any person found committing any indictable
offence may be apprehended by anyone without warrant, and
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c. 16:01

Form and
requisites of
warrant of
apprehension.

anyone may, without warrant, arrest the person if that offence
has actually been committed, or if the person arrested is being
pursued by hue and cry, but not otherwise.
(2) Anyone to whom any property is offered to be
sold, pawned, or delivered, and who has reasonable ground
to suspect that an indictable offence has been or is about to be
committed thereon or with respect thereto, may, and, if he
can, shall, without warrant, apprehend the person offering
the property, and take possession of the property so offered.
(3) Everyone who finds any person in possession
of property which he, on reasonable grounds, suspects to
have been obtained by any indictable offence, may arrest that
person without warrant and take possession of the property.
(4) Everyone who arrests any person under any of
the provisions in this section contained shall (if the person
making the arrest is not himself a peace officer) deliver the
person so arrested to some police or other constable, in order
that he may be conveyed as soon as reasonably may be before
a magistrate, to be by the magistrate dealt with according to
law, or himself convey him before a magistrate as soon as
reasonably may be.
(5) Nothing in this section shall affect the powers
of apprehension conferred upon constables by the Police Act.
199. (1) Every warrant for the apprehension of any
person, issued under this Act, or, unless the contrary is
expressly provided, under any other statute for the time being
in force relating to indictable offences, shall be dated of the
day on which it is issued, and shall be signed by the
magistrate or judge by whom it is issued.
(2) The warrant shall not be signed in blank, nor
shall it be issued by a magistrate without an information or
other statement in writing and upon oath.
certain cases.
of offenders in
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(3) The warrant –
(a) may be directed either to any police
or other constable by name, or to the
police or other constable and all other
police and other constables, or
generally to all police and other
constables, or, in the case of a warrant
issued by the Court, to the Registrar
and all marshals;
(b) may be executed by any police or
other constable named therein, or by
any one of the police or other
constables to whom it is directed, or
by the Registrar or any marshal, as the
case may be; and
(c) shall state concisely the offence or
matter for which it is issued, shall
name or otherwise describe the
person to be arrested, and shall order
the police or other constable or
constables to whom it is directed to
apprehend that person, and bring him
before a magistrate or before the
Court or a judge, as the case may be,
to answer to the offence or matter
contained in the information or
statement aforesaid, and to be further
dealt with according to law.
(4) It shall not be necessary to make the warrant
returnable at any particular time, but it shall remain in force
until it is executed.

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Execution of
warrant.

Handcuffing
person
arrested.

200. (1) Every warrant of apprehension may be issued
and executed on a Sunday.
(2) The police or other constable, or the marshal,
executing the warrant must, before making the arrest, inform
the person to be arrested that there is a warrant for his
apprehension, unless there is reasonable cause for abstaining
from giving that information on the ground that it is likely to
occasion escape, resistance, or rescue.
(3) Subject to the provision hereafter in this section
contained, it shall not be necessary for the police or other
constable, or the marshal, executing the warrant to have it in
his possession; but if he has it, he must, on request, show it to
the person arrested or to be arrested.
(4) Every person arrested on the warrant shall be
brought before a magistrate, or before the Court or a judge, as
the case may be, as soon as is practicable after he is so
arrested.
(5) Any police or other constable, or the marshal,
authorised to execute the warrant may, for the purpose of
executing it, either with or without assistance from any other
person or persons, break open and enter any house, building,
or enclosed place, if admittance cannot otherwise be obtained:
Provided that in that case he must be in possession of the
warrant, and before so doing he must, as far as practicable,
notify that possession.
201. A person arrested, whether with or without
warrant, shall not be handcuffed or otherwise bound except
in case of necessity, or of reasonable apprehension of
violence, or of attempt to escape or to rescue, or by order of
the Court or a judge, or of a magistrate.

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Police station to
be lock-up.

Seizure of
property the
proceeds of
indictable
offence.
[21 of 1978]

Seizure of
things intended
to be used in
commission of
indictable
offence.


Enforcement of
order of
seizure.

202. Every police station shall be deemed to be a lock-
up house where persons charged with indictable offences
may be received and detained according to law.
Seizure and Restitution of Property
203. (1) Any magistrate, or the Court, may order the
seizure or attachment of any property which there is reason to
believe has been obtained by, or is the proceeds of, any
indictable offence, or into which the proceeds of any
indictable offence have been converted, and may direct that
the property shall be kept or sold, and that it, or the proceeds
thereof if sold, shall be held as the magistrate or the Court
directs, until some person establishes, to the magistrate’s or
the Court’s satisfaction, a right thereto, and if no person
establishes the right within twelve months from the seizure or
attachment, the property, or the proceeds thereof, shall
become vested in the Accountant General for the public use
and be disposed of accordingly.
(2) Any magistrate, or the Court, may order the
seizure or attachment of any instruments, materials, or things
which there is reason to believe are provided or prepared, or
being prepared, with a view to the commission of any
indictable offence, and may direct them to be held and dealt
with in the same manner as property seized under the
preceding subsection.
(3) An order made under either of the two
preceding subsections may be enforced by a search warrant
under this Act.
(4) Prior to an order being made under subsection
(1) directing that immovable property be attached, notice of
the proceedings therefor shall be served on such persons
whom the magistrate or the Court considers to have an
interest in or right over the property and upon the Registrar
of Deeds.
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(5) Any person who has been served with a notice
pursuant to subsection (4) or any other person whom the
magistrate or the Court is satisfied has an interest in or right
over the property attached may appear before the magistrate
or the Court and show cause why the property should not be
attached and the magistrate or the Court may thereafter make
such order as he or it sees fit.
(6) Where directions have been given under
subsection (1) that property be sold such directions shall not,
except when the property is a live animal, bird or fish or is
perishable, be carried out until –
(a) the period specified in that subsection
has expired; or
(b) the period allowed for making an
appeal against the order has expired;
or
(c) where such an appeal is duly made,
until the appeal has been finally
determined or abandoned, whichever
is the latest event:
Provided that, other than in those matters for which
exceptions are made by the foregoing provisions, an order
made under subsection (1) shall have effect as an order for the
retention of the property by the State pending the disposal of
any appeal which may have been filed against it and for that
purpose the magistrate or the Court may as he or it sees fit
direct that such steps be taken to ensure the safe custody of
the property including any income arising therefrom.
(7) For so long as an order made under subsection
(1) or any proceedings thereunder subsist the Registrar of
Deeds, notwithstanding anything to the contrary in any other
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Report of
property found
upon person
apprehended.
Application of
money found
upon person
law, shall not give effect to any transaction affecting any
property the subject matter of the order.
(8) Nothing in this section shall be deemed to
confer any power on a magistrate or the Court to order the
seizure or attachment of any property in the possession of, or
held in the name of, a bona fide purchaser for value who
could not have been reasonably aware that such property was
obtained by or was the proceeds of an indictable offence.
(9) Where any property which is sought to be
attached or seized under subsection (1) is shown to have been
purchased in the name of, or to have come into possession of,
a person or his spouse, children or other dependants after the
commission of an indictable offence of which that person is
convicted and if, in proceedings instituted under this section
within the period of ten years after the date of the commission
of the offence, it is alleged that the proceeds of the subject
matter of the offence were wholly or partly converted into
that property, it shall be presumed until the contrary is shown
that the property was obtained by or was the proceeds of the
offence.
(10) In this section any reference to property
having been obtained by, or being the proceeds of, an
indictable offence or into which the proceeds of any indictable
offence have been converted is a reference to property the
value whereof at the time of its acquisition bears in the
opinion of the magistrate or the Court a substantial ratio to
the proceeds.
204. If, on the apprehension of any person charged
with an indictable offence, any property is taken from him, a
report shall be made by the police to the magistrate or the
Court of that fact and of the particulars of the property.
205. If, on the apprehension of any person charged
with an indictable offence, any money is taken from him, the
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apprehended.


Restitution of
property in
case of
conviction.

Court may, in its discretion, in case of his conviction, order
the money, or any part thereof, to be applied to the payment
of any costs, or costs and compensation, directed to be paid
by him.
206. (1) Subject as hereinafter provided, where anyone
is convicted of an indictable offence, any property found in
his possession, or in the possession of another for him, may be
ordered by the Court to be delivered to the person who
appears to the Court to be entitled thereto.

(2) (a) Where anyone is convicted before the
Court of having stolen or dishonestly
obtained any property, and it appears
to the Court that the property has
been pawned to a pawnbroker or
other person, the Court may order the
delivery thereof to the person who
appears to the Court to be the owner,
either on payment or without
payment to the pawnbroker or other
person of the amount of the loan or
any part thereof, as to the Court, in all
the circumstances of the case, seems
just.
(b) If the person in whose favour that
order is made pays the money to the
pawnbroker or other person
thereunder, and obtains the property,
he shall not afterwards question the
validity of the pawn; but, save to that
extent, no order made under this
section shall have any further effect
than to change the possession, nor
shall it prejudice any right of property
or right of action in respect to
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Restitution of
stolen property
by purchaser
thereof.

Preparation of
list of persons
making default
on
recognisances.

property existing or acquired in the
goods either before or after the
offence was committed.
(3) Nothing in this section shall prevent any
magistrate or the Court from ordering the return to anyone
charged with an indictable offence, or to any person named
by the Court, of any property found in the possession of the
person so charged or in the possession of any other person for
him, or of any portion thereof, if the magistrate or the Court is
of opinion that that property, or portion thereof, can be
returned consistently with the interests of justice and with the
safe custody or otherwise of the person so charged.
207. Where anyone is convicted of larceny or of any
other offence which includes the stealing of any property, and
it appears to the Court that the convict has sold the stolen
property to any person and that the purchaser had no
knowledge that it was stolen, and any moneys have been
taken from the convict on his apprehension, the Court, on the
application of the purchaser and on the restitution of the
stolen property to the person injured, may order that, out of
those moneys, a sum not exceeding the proceeds of the sale be
delivered to the purchaser.
Enforcing Recognisance
208. (1) The Registrar shall, before the close of the last
day’s sitting of the Court on each occasion of its sitting, make
out a list of all persons bound by recognisance to appear or to
do any other thing, or who have been bound for the
appearance of any other person or his doing any other thing,
at that sitting of the Court and have made default, or whose
principal, or other person for whom they are so bound, has
made default to appear or to do that other thing at that sitting
of the Court; and the Registrar shall, if he is able to do so,
state the cause why the default has been made.

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Issue of writ of
execution.
Fourth
Schedule.
Form 14

Apprehension
and detention
of person
making default,
where
recognisance is
unsatisfied.

Failure of the
person, when
released, to
appear at next
sitting of the
Court.
(2) The list so made out shall be examined, and, if
necessary, corrected, and signed by the judge, and shall be
delivered by the Registrar to the marshal.
(3) A writ of execution shall be issued from the
registry against every person so liable on a recognisance in
respect of the default, and shall be delivered to the marshal;
and that writ shall be the authority of the marshal for levying
and recovering the forfeited recognisance on the movable and
immovable property of that person, and for taking his body
into custody if sufficient movable or immovable property is
not found whereon levy may be made.
(4) Every person arrested under the preceding
subsection shall be committed to prison and be there kept
until the next sitting of the Court for the same county, there to
abide the decision of the Court, unless, in the meantime, the
forfeited recognisance, or a sum of money in lieu or
satisfaction thereof, is paid, together with all costs and
expenses in consequence of his arrest and detention; but if
any person so arrested and imprisoned gives to the marshal
good and sufficient bail for his appearance at the next sitting
of the Court to abide the decision of the Court and for the
payment of the forfeited recognisance or of a sum of money in
lieu or satisfaction thereof, together with any costs awarded
by the Court, then the marshal is hereby required forthwith to
cause the person to be discharged out of custody.
(5) If the person fails to appear at the next sitting of
the Court in pursuance of his undertaking in that behalf, the
Court may order that a writ of execution be issued from the
registry against the surety or sureties of the person so bound
as aforesaid, and the writ shall be delivered to the marshal,
who shall proceed as therein directed:
Provided that the Court may, in its discretion, order the
discharge of the whole or any part of the forfeited
recognisance, or of the sum of money paid or to be paid in
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 123
L.R.O. 1/2012

Proceedings
against person
fined by the
Court.
Effect of
conditional
pardon to
lieu or satisfaction thereof.
Fines, Forfeitures and Contempts
209. (1) The marshal shall, without further warrant or
authority, arrest and detain in custody in a prison anyone
upon whom a fine has been imposed by the Court, or by
whom any forfeiture has been incurred, and who is adjudged
to pay it by the Court, until the fine or forfeiture imposed on
or incurred by him is paid and satisfied, together with all
costs and expenses in consequence of his arrest and detention:
Provided that –
(a) the imprisonment shall not exceed
twelve months in duration; and
(b) a judge may at any time order the
discharge of the prisoner.
(2) The return of the marshal, or of the keeper of
the prison to any writ of habeas corpus of an arrest or detainer
under any judgment or order of the Court for non-payment of
any fine or forfeiture imposed or incurred as aforesaid, shall
be deemed sufficient in law, if there appears in or is attached
to that return a certificate by the Registrar, setting forth the
judgment or order by virtue of which the arrest or detainer
was made.
(3) The Court or a judge shall have power to
reduce or remit any fine or forfeiture imposed by the Court or
incurred by any person in respect of the Court, at any time
within three months after it has been imposed or incurred,
provided it has not been already paid or satisfied.
Pardon
210. No conditional pardon granted by the President
to any person convicted of a felony, nor the performance of
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convicted felon.
[4 of 1972]

Power of the
Court to grant
conditional
pardon.
Effect of
pardon.


Recording
pardon or
warrant of
commutation.

Power of
President to
remit fine or to
release offender
imprisoned for
non-payment
the condition thereof, shall prevent or mitigate the
punishment to which that person might otherwise be lawfully
sentenced on a subsequent conviction for any other felony.
211. The Court may, with the consent in writing of the
Director of Public Prosecutions, order that a pardon be
granted to any person accused or suspected of, or committed
for trial for, an indictable offence, on condition of his giving
full and true evidence on any preliminary inquiry or any trial;
and that order shall have effect as a pardon by the President,
but may be withdrawn by the Court on proof satisfying it that
the person has withheld evidence or given false evidence.
212. Wherever either a free or conditional pardon is
granted to any person, the discharge of the offender in the
case of a free pardon, and the performance of the condition in
the case of a conditional pardon, shall have the same effect as
a pardon has in the like cases under the public seal.
213. (1) Whenever the President is pleased to grant to
any offender a pardon under the public seal, or to issue any
warrant for the commutation of any sentence of death, the
Registrar shall be bound, on the direction of the President, to
record that pardon and that warrant in a book to be kept by
him for that purpose, and to endorse the pardon and warrant
with the word “Recorded” and with his signature.
(2) The pardon and warrant, when so recorded,
and endorsed, shall be valid and effectual for all purposes
whatsoever, and it shall be the duty of all courts, judges,
officers, and others, on production thereof, to take notice
thereof and to give effect thereto.
214. (1) The President may remit in whole or in part,
any sum of money imposed as penalty and as costs, charges
and expenses in connection with the penalty on any person
convicted of an indictable offence although the money may
be in whole or in part due and payable, or has already been
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 125
L.R.O. 1/2012
thereof.
[4 of 1972]


Effect of
acquiescence in
remission.
Prohibition of
proceeding in
error.
Remuneration
of interpreter.
paid, to the State for the public use or to some party other
than the State, and may exercise his powers of pardon in
favour of any person who may be imprisoned for non-
payment of any sum of money so imposed, although the
money may be in whole or in part payable to the State for the
public use or to some party other than the State.
(2) The President may order the restoration of
anything forfeited, seized or detained in connection with an
indictable offence.
(3) Every remission or restoration aforesaid may be
made in the manner and subject to the terms and conditions
the President sees fit to direct.
215. Everyone who accepts or acquiesces in the
remission aforesaid shall be thereby debarred from having,
maintaining, or continuing any action or suit in respect of any
matter to which the remission relates, and no further
proceedings shall be taken against that person in relation to
that matter.
Error and some other matters
216. No proceeding in error shall be taken upon any
trial under this Act.
217. (1) Every interpreter before the Court shall be
allowed the remuneration for his services taxed by the
Registrar as fair and reasonable, subject to any direction of the
Court.
(2) Such remuneration shall be paid out of moneys
provided by Parliament.
(3) No claim made by an interpreter for any sum
aforesaid shall be entertained unless it is made within one
month after the last day of the sitting of the Court in respect
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Payment of
costs by
convicted
person.
Matters
excepted from
the Act.
Procedure on
charge of or
trial for treason.
[O. 15/1970]

Use of forms.
Second and
Fourth
Schedules.


of which it is made.
218. (l) Where any person is convicted of an indictable
offence, the Court may order him to pay the costs of the
prosecution in addition to any sentence passed upon him.
(2) The order, on being filed in the Court on its
civil side, shall have the same effect as a judgment of the
Court.
(3) The order shall not affect the claim of any
witness to be paid his costs, allowances, or expenses as
hereinbefore provided.
219. Nothing in this Act relating to pleading or
procedure shall apply to or affect any information or
indictment for any common nuisance, other than a common
nuisance which endangers the lives, safety, or health of the
public, or injures the person of any individual; but that
information or indictment may be filed or preferred as if this
Act had not been passed.
220. The practice and procedure in respect of any
charge of or trial for treason or misprision of treason shall be
as nearly as possible, the same as the practice and procedure
in respect of a charge of or trial for murder.
221. The forms contained in the Second and Fourth
Schedules may, with any variations and additions required by
the circumstances of any particular case be used in the cases
to which they respectively apply and, when so used, shall be
good and sufficient in law:
Provided that nothing in this section shall affect the use
of any special forms of process in respect of any indictable
offences given by any statute relating to those offences.

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Criminal Law (Procedure) Cap. 10:01 127
L.R.O. 1/2012
Power to
amend Third
and Sixth
Schedules.
[27 of 1931]

s. 21
[22 of 1961
O. 37/1966A
15/1970
O. 80/1980]
222. Subject to negative resolution of the National
Assembly, the Minister may by order from time to time
amend the provisions of the Third or the Sixth Schedule.
_________________
FIRST SCHEDULE
Persons exempted from service as Jurors
The Judges of the Supreme Court of Judicature.
Members of the Legislature.
The Mayor of Georgetown.
The Mayor of New Amsterdam.
Members of the Service Commissions.
Members of any military forces raised in any
Commonwealth territory by the government of such
territory.
The President’s private secretary
Public Officers.
Consuls and diplomatic or consular officers of any
foreign government.
Ministers of Religion and members of religious orders
provided they follow no secular occupation.
Attorneys- at- law in practice and their clerks.
Registered medical and dental practitioners in practice.
Registered pharmacists.
Nurses practising their profession.
Registered sick-nurses and dispensers.
Overseers of local authorities.
Members of the Special Constabulary.
The following officers of the Georgetown City Council
The Town Clerk.
The Accountant.
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s. 221
s. 24
The City Engineer.
The Clerk of Markets.
The Medical Officer of Health.
The Chief Public Health Inspector.
The following officers of the New Amsterdam Town Council
The Town Clerk.
The Accountant.
The Town Superintendent.
The Town Engineer.
The Chief Public Health Inspector.
The following officers of the Georgetown Sewerage and Water
Commissioners
The Chief Engineer.
The Assistant Engineer.
__________________
SECOND SCHEDULE
FORMS RELATING TO JURIES AND JURORS
FORMS
1.
Jury List
List of persons qualified and liable to serve as jurors in
the county of .........................for the year 20.......

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Criminal Law (Procedure) Cap. 10:01 129
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s. 29
s. 32
Juror’s
name:
surname –
forename
Place
of
abode
Title,
quality,
calling, or
business
Nature
of
qualifi-
cation
Situation of
immovable
property, and
nature of
interest
Re-
marks

2.
Summons to juror
IN THE HIGH COURT OF GUYANA.
(CRIMINAL JURISDICTION.)
County of..............................
To Mr.........................
You are hereby required to be and attend at the sitting of
the High Court for the said county to be held at ....................on
....................... day, the……................day of……………………...
20……, at.......in the forenoon, there and then to serve as a
juror, and not to depart without leave of the Court or in due
course of law.
Herein fail not, or you will be liable to such fine as the
Court may award.
Dated this..................day of ..........................20 .......
(Signed).....................................
Marshal.
3.
Challenge to array
IN THE HIGH COURT OF GUYANA.
(CRIMINAL JURISDICTION.)
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s. 38
s.42
County of.....................
The State,
v.
C.D.
The Director of Public Prosecutions, who prosecutes for
the State [or the said C.D., as the case may be], challenges the
array of the panel on the ground that it was returned by E.F.,
Registrar of the Supreme Court, and that the said E.F. was
guilty of partiality [or fraud, or wilful misconduct] in
returning the said panel.
4.
Challenge to poll
IN THE HIGH COURT OF GUYANA.
(CRIMINAL JURISDICTION.)
County of .............................
The State,
v.
C.D.
The Director of Public Prosecutions, who prosecutes for the
State [or the said C.D., as the case may be], challenges J.K on the
grounds that his name does not appear in the jurors’ book for
the said county [or that he is not indifferent between the State
and the said C.D., or as the case may be].
5.
Oath of juror
1. – In case of felony
You shall well and truly try and true deliverance make
between the State of Guyana and the prisoner [or prisoners] at
the bar, whom you shall have in charge, and a true verdict
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Criminal Law (Procedure) Cap. 10:01 131
L.R.O. 1/2012

s. 42

s. 43
[21 of 1968
6 of 1997]
give according to the evidence.
–So help you God.
2. – In case of misdemeanour
You shall well and truly try the issue joined between the
State of Guyana and the defendant [or defendants], and a true
verdict give according to the evidence.
–So help you God.
6.
Affirmation of juror
I, A.B., do solemnly, sincerely, and truly affirm and
declare that the taking of an oath is, according to my religious
belief, unlawful; and I do also solemnly, sincerely, and truly
affirm and declare that I will as in last form to “evidence.”
___________________
THIRD SCHEDULE
REMUNERATION OF JURORS
For each day that a juror is obliged to be absent from his
home in the course of attending at the Court, he shall be
entitled to be paid –
(a) a fee of two hundred and sixty dollars
where the period of his absence
exceeds two and one-half hours;
(b) a fee of one hundred and thirty
dollars where the period of his
absence does not exceed two and one-
half hours;

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L.R.O. 1/2012
Provided that no juror shall be paid any such fee unless
he proves to the satisfaction of the Registrar that by reason of
his attendance at the Court he has actually suffered loss in
income but any juror who resides more than one mile from
the place where the Court is held shall be entitled to be paid a
reasonable sum not exceeding one hundred and twenty
dollars in respect of any expenses incurred by him each day
for sustenance as the Registrar may determine.
TRAVELLING EXPENSES
In addition to the payments to which he is entitled by
virtue of the foregoing provisions of this Schedule, each juror
residing more than one mile from the place where the Court
is held shall be entitled to be paid such actual and necessary
travelling expenses as he may prove to the satisfaction of the
Registrar that he has reasonably incurred in travelling to and
returning from the Court.
JUROR UNABLE TO RETURN HOME AT
ADJOURNMENT OF COURT OR END OF TRIAL
If a juror satisfies the Registrar that by reason of the lack
or inadequacy of facilities for transportation he was unable to
return to his home at the final adjournment of the Court on
any day or at the end of a trial he shall be allowed such
reasonable expenses for lodging and sustenance as he may
prove to the satisfaction of the Registrar that he has
necessarily incurred.
___________________

LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 133
L.R.O. 1/2012
[O. 22/1961]
FOURTH SCHEDULE
FORMS FOR USE IN PROCEEDINGS RELATING TO
INDICTABLE OFFENCES
Table of Forms
PART I. – PROOFS:
1. Information upon oath.
2. Deposition of witness.
3. Statement of accused person.
PART II. – PROCESS TO ENFORCE APPEARANCE:
4. Summons to witness under section 50.
5. Summons to accused person or witness.
6. Return of service by a bailiff or constable.
7. Warrant of apprehension of accused person or witness.
8. Notice to witness bound over.
9. Warrant of apprehension where accused person on bail has
absconded.
PART III – BAIL:
10. Certificate of consent to bail by committing magistrate
endorsed on commitment.
11. The like on a separate paper.
PART IV. – RECOGNISANCES:
12. Recognisance to appear, etc.
13. Recognisance of witness examined under section 50.
14. Writ of execution for enforcement of forfeited recognisance.
PART V. – WARRANTS
15. Warrant to commit [or detain] accused person for trial, etc.
16. Warrant to convey accused person before the magistrate of
another district.
17. Warrant to discharge accused person from prison.
18. Search warrant.
PART VI. – CAPITAL PUNISHMENT.
s. 221
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L.R.O. 1/2012
(1) Or,
affirmation.
(2) State
concisely the
substance of the
information.
(3) Add, for the
arrest of a
witness –
And he further
saith that E.F.,
of
can give
material
evidence, but is
not likely to
attend
voluntarily [or
and wilfully
avoids personal
service of the
summons].
19. Certificate of medical officer of prison.
20. Declaration of Director of Prisons and others.
PART VII. – MISCELLANEOUS FORMS.
21. Notice of intention to take deposition of witness.
22. Receipt for prisoner.
PART I
PROOFS
FORMS
1. s. 51
Information upon Oath
.............................DISTRICT.
The information of A.B., of ....................who saith upon
his oath (1)..................................that (2)..........................
(3)..........................
Taken before me this................... day of............................20
........., at................................in the said district.
....................................
(Signed)..........................
........................Magistrate, ...................District
NOTE—The informant may be bound to give evidence by the following form
of recognisance at foot of his information:—
And the said informant binds himself to attend at the next sitting of the
High Court in its criminal jurisdiction for the county of ................to be held at
..................... on the....................day of..........................20......., to give evidence
against the said C.D for the said offence; or otherwise to forfeit to the State
the sum of
(Signed) ..................................
Deponent.
Taken before me this ..........................day of ............................. 20. ........, at
...............................in the said district.
(Signed) ................................
...................Magistrate,.......................District
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Criminal Law (Procedure) Cap. 10:01 135
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s. 64 and s. 74
(1) State
concisely the
substance of the
charge.
(2) Or,
affirmation.
(3) Deposition as
nearly as possible
in the words of
the witness, to be
signed by him
and by the
magistrate.
2.
Deposition of witness
........................DISTRICT.
The deposition of E.F.,of ........................taken in the
presence of C.D., who stands charged [or after notice to C.D.,
who stands com- mitted] for that (l)...........................The said
deponent saith on his oath (2) ................................. as follows:
(3) ..............................................
[If depositions of several witnesses are taken at the same time,
they may be taken and signed as follows:—]
The depositions of E.F., of ................G.H., of .......................
.J.K., of .........................etc., taken in the presence and hearing
of C.D., who stands charged for that (1)........................................
The deponent E.F. saith on his oath (2)................ as
follows:(3) .........The deponent G.H. saith on his oath
(2)................as follows:(3).......... The deponent J.K saith on his
oath (2).................as follows:(3)..........
[The signature of the magistrate may be appended as follows:–]
The foregoing deposition of E.F. was taken before me in
the presence and hearing of C.D., and signed by the said E.F.
in his presence. In witness whereof I have, in the presence of
the said C.D., signed my name, this...................day
of...........................20........
.....................................
(Signed).....................
..................Magistrate, .....................District.
NOTE.—The informant or witness may be bound to give evidence by the
following form of recognisance at foot of his deposition:—
And the said deponent binds himself to attend at the next sitting of the
High Court in its criminal jurisdiction for the county of.................to be held
at......................on the .......................day of.........................20........., to give
evidence against [or for] the said C.D. for the said offence, or otherwise to
forfeit to the State the sum of
(Signed).................................
Deponent.
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136 Cap. 10:01 Criminal Law (Procedure)
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s. 65
(1) State
concisely the
substance of the
charge.
(2) Statement of
accused person
in his very
words, or as
nearly so as
possible, and to
be signed by
him, if he will.
s. 49

(1) State
concisely the
substance of the
Taken before me this ...................... 20.........., at .............day of ....... in the
said district.
(Signed)........................
....................Magistrate,...................... District.
3.
Statement of accused person
........................DISTRICT.
A charge having been made against C.D. before the
undersigned magistrate for that (l) ........................and the said
charge having been read to the said C.D., and the witnesses
for the prosecution having been severally examined in his
presence, the said C.D. is addressed by me as follows:—“Do
you wish to say anything in answer to the charge? You are
not obliged to say anything, unless you desire to do so, but
whatever you say will be taken down in writing and may be
given in evidence upon your trial”; whereupon the said C.D.
makes the following statement: (2).................................................
Taken before me this ...............day of .......................20........,
at ...........................in the said district.
(Signed)...........................
...................Magistrate, ..................District.
PART II
PROCESS TO ENFORCE APPEARANCE
4.
Summons to witness under section 50
...............................DISTRICT.
To ..............................of................................................... ..................
Whereas there is reason to believe that (l) ....................and
you are capable of giving material evidence concerning the
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 137
L.R.O. 1/2012
offence.

s. 52 and s. 60
(1) State
concisely the
substance of the
charge.
(2) Insert:– an
accused person,
or, a witness.
s. 52
same:–This is to command you to appear at ...........o’clock
......m., on .................day, the .......................day of
.......................20........, at.......................before the magistrate of
the said district, to be examined upon oath concerning that
offence.
Dated this ................day of ......................20........
(Signed).......................
.................Magistrate, ..................District.
5.
Summons to accused person or witness
....................................DISTRICT.
To.............................. of .....................................................................
Whereas information has been laid before me, the
undersigned magistrate for the said district, for that
(l)............................. This is to command you to appear as
(2).........................on the hearing of the said information
at..............o’clock .........m., on...............day, the.......................
day of.......................20 ........, at....................before the magistrate
of the said district.
Dated this.........day of.....................20..........
(Signed) ...........................
......................Magistrate,................District.
6.
Return of service by a bailiff or constable
In the..................................Magisterial District Magistrate’s
Court..............................Between......................................................
Plaintiff.
...............................................................................Complainant, or
Informant.
..................................................and.....................................................
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s.53

(1) State
concisely the
substance of the
information.
(2) If the case is
so, add:— for
accused
person:—
whereas a
summons has
been issued to
C.D. [the
accused person]
or E.F. [a
witness] and
C.D. [or E.F.]
has neglected
to appear in
obedience to
the summons
and oath has
been made of
the service of
the summons.
I, (1) ........................................., (2) ............................................
hereby certify that on the ..................day of ...........................
20......, at (3)................................I served (4)....................................,
a true copy of which is hereto annexed, on (5)
....................................... of (6).............................................. by
(7)...........................................
Dated this..................day of .............................. 20........
(Signed)..................................
(1) Full names.
(2) Official position (bailiff, police or other constable, etc.).
(3) Place where process served.
(4) State nature of process served (summons, order, etc.).
(5) Name of person on whom process served.
(6) Address of person served.
(7) State mode of service.
7.
Warrant of apprehension of accused person or witness
.............................DISTRICT.
To .........................Police [or other] Constable.
Whereas information has this day been laid before me,
the undersigned magistrate for the............................district, for
that C.D. (1)............................................................................... .........
and (2) ........................................................................... ....................

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Criminal Law (Procedure) Cap. 10:01 139
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For witness:–
whereas oath
has been made
that E.F. can
give material
evidence, but is
not likely to
attend
voluntarily; or,
whereas oath
has been made
that E.F.
wilfully avoids
personal
service of a
summons.
(3) Person
against whom
warrant is
issued.
s. 74
This is to command you forthwith to apprehend the said
(3)...............................of..........................and to bring him before
the magistrate of the said district, to answer the said
information.
Dated this.............day of ...................20..........
(Signed)......................
......................Magistrate, ..................District.

8.
Notice to witness bound over
IN THE HIGH COURT OF GUYANA.
(CRIMINAL JURISDICTION.)
County of ....................................
The State,
v.
C.D.
To.................................of ............................ a witness for
the..................
Take notice that the above-mentioned case will be tried at
the next sitting of the said Court for the said county to be held
at...................... on the...................day of ........................20......;
that you are bound to attend the trial; and that you can find
out the day fixed for the trial by inquiring at any magistrate’s
court or police station in the said county on or after the
..................day of...........................20......
Dated this..................day of.......................20........
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140 Cap. 10:01 Criminal Law (Procedure)
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s. 82
s. 86
s. 86
(Signed)............................
...................Magistrate,.................District.
9.
Warrant of apprehension where accused person on bail has
absconded
...........................District
To.............................police [or other] constable.
Whereas C.D., who stands charged before me at
......................... was admitted to bail to appear at ........... o’clock
..........m., on................day, the....................day
of.................20......., at ...........................and has made default
therein:– This is to command you, etc. (as in form 7).
PART III
BAIL
10.
Certificate of consent to bail by committing magistrate endorsed on
commitment
............................DISTRICT.
I hereby certify that I consent to the within-named C.D.
being bailed by recognisance, himself in .......................and
[two] sureties in ......................each.
Dated this..................day of......................20...........
(Signed).......................
.................Magistrate,..................District.
11.
The like on a separate paper
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 141
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(1) State
concisely the
substance of the
charge.
s. 74, 81, 82 and
84
(1) State
concisely the
substance of the
charge, or,
if an accused
person is
remanded,
recite—
Whereas C.D.
stands charged
before me for
that and the
hearing of the
said charge has
been
[adjourned or
..............................DISTRICT.
Whereas C.D. was, on the...................day of
........................20....... committed by me to the....................prison
charged with (1)....................... I hereby certify that I consent to
the said C.D. being bailed by recognisance, himself in
...............and [two] sureties in............................each.
Dated this..................day of............................20......
(Signed)........................
................Magistrate,.................District
PART IV
RECOGNISANCES
NOTE.–In all recognisances there must be given the name and
surname of the person bound, his occupation or profession (if any)
and the place of his residence.
12.
Recognisance to appear
.............................DISTRICT.
Whereas (1)...............................................................................
The undersigned L.M. binds himself to perform the
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interrupted].
(2) Obligation:—
to attend at
o’clock,
...m., on day,
the day of
20 , at or, to
attend at the
next sitting of
the High Court
in its criminal
jurisdiction for
the county of
to be
held at
on the day of
20 , to give
evidence
against the said
C.D.; or to
appear
personally
before the High
Court in
its criminal
jurisdiction at it
next sitting for
the county of
to be held at
on the, there
and then, or at
any time within
twelve months
from the date
of this
recognisance to
answer any
indictment that
may be filed
against him in
the said court
and to not
depart the said
court without
leave of the
court, and to
accept service
of the said
following obligations viz.: (2) .........................................................
or otherwise to forfeit to the State the sum
of..................................... [or if bound over with sureties]:—
The undersigned L.M., the principal party to this
recognisance, hereby binds himself to perform the following
obligation, viz. (2).....
And the said principal party, together with the
undersigned sureties hereby severally acknowledge
themselves bound to forfeit to the State the sums following,
viz., the said principal party the sum of ........................ and the
said sureties the sum of ........................each, in case the said
principal party fails to perform the above obligation.
(Signed)..............................
L.M.[occupation or profession, if any] of [place of residence]
principal party
N.O.[occupation or profession, if any] of [place of residence]
P.Q. [occupation or profession, if any] of [place of residence]
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indictment and
of all other
documents at
prison; or, to
keep the peace
[and be of good
behaviour
towards the
State and all its
citizens, and
especially
towards A.B.
for the space of
or, (in the case of
a remand or
adjournment) to
appear at the
time to which
the hearing is
adjourned, or at
an earlier date,
if so required.
c. 10:01

s. 49

sureties.
(Signed) ...............................
..................Magistrate, .....................District.
13.
Recognisance of witness examined under section 49.
........................... DISTRICT.
Whereas E.F. was examined before me as a witness under
section 49 of the Criminal Law (Procedure) Act:—The
undersigned E.F. hereby binds himself to perform the
following obligation, that is to say, that he will attend and
give evidence before any magistrate or before the High Court
in its criminal jurisdiction at any sitting held for the county of
....................if called upon for that purpose, at any time within
twelve months next ensuing; And the said E.F. acknowledge
himself bound to forfeit to the State the sum of ........................
in case he fails to perform the said obligation.
(Signed) .........................................
E.F. [occupation or profession, if any] of [place of
residence].
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s. 208
Taken before me this................day of..................20........
(Signed).......................................
.........................Magistrate, ..................District.
14.
Writ of execution for enforcement of forfeited recognisance.
IN THE HIGH COURT OF GUYANA.
(CRIMINAL JURISDICTION.)
The State of Guyana
His Excellency the President of Guyana
To..............................Registrar.
You are commanded that of the movable and immovable
property of C.D., of .....................you cause to be levied the
said C.D. was, by an order of the said Court, bearing date
the................day of .......................20........, adjudged to pay in
respect of a certain recognisance forfeited by him, and, in case
you cannot find sufficient movable and immovable property
of the said C.D., then you are to take the body of the said C.D.,
and lodge him in the .......................prison, there to await the
decision of our said Court at its sitting next thereafter to be
held for the county of...................................... unless the said
C.D. shall give sufficient security for his appearance at the
said Court, for which you will be answerable; and have you
then and there this writ.
Witness the Honourable Mr. Justice...................this
...................day of.....................20......
By order,
(Signed)..............................
........................Registrar.
sum of .................................... which said sum of money the
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s. 71 and s. 73
(1) State
concisely the
substance of the
charge.
(2) Recitals:—
Trial:—
Whereas I am
of opinion that
a prima facie
case has been
made out
against the said
C.D. Adjourn-
ment:—
whereas the
hearing of the
said charge has
been adjourned
to the day
of 20 , at
or, whereas the
hearing of the
said charge was
adjourned, etc.,
and the said
C.D. was
admitted to bail
to appear on
that day, or at
an earlier date,
if so required,
and whereas
the said C.D.
was summoned
to attend on the
day of 20
, but did not
appear
according to his
PART V
WARRANTS
15
Warrant to commit [or detain] accused person or refractory witness
............................DISTRICT.
To...........................police [or other] constable.
Whereas a charge was made on the...................day of
........................20......., upon the oath of A.B. [or A.B. and
others, as the case may be] for that C.D.
(1)....................................................................................................
and (2) ............................................................................................

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recognisance.
Remand on
arrest.—
whereas the
said C.D. has
been brought
before me
under a
warrant of
apprehension,
and the said
charge is to be
heard on the
day of 20 ,
at
Refractory
witness:—
whereas E.F., a
material
witness, has,
without just
excuse, refused
to make oath as
a witness or, to
answer certain
questions, or to
enter into a
recognisance to
give evidence
on the trial of
the said C.D. in
that behalf.
(3) Name of
person to be
committed.
(4) Period of
imprisonnent:—
For trial:—until
his trial, or
until he shall be
discharged in
due course of
law.
For witness:—
until the trial of
the said C.D.
unless he shall
in the
This is to command you forthwith to lodge the said
(3).................. of...................in the...........................prison, there to
be imprisoned by the keeper
(4).............................................................................
And for this the present warrant shall be a sufficient
authority to all whom it may concern.
Dated this...................day of............................ 20.......
(Signed)..........................
.................Magistrate,................District.
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meantime enter
into such
recognisance
as required (or,
until the
day of 20
, unless he shall
in the
meantime
consent to
answer as
required).
For adjourn-
ment:— until
the above time
of adjournment
(or, hearing), or
such earlier day
as he may be
required upon,
when he shall
have him at the
above place.
s.57

(1) State
concisely the
substance of the
charge.
16.
Warrant to convey accused person before the magistrate of another
district
...............................DISTRICT.
To...........................police [or other] constable.
Whereas information has been laid before me, the
undersigned magistrate for the.....................district, for that
C.D. (1).......................
And whereas I have taken the deposition of A.B. as to the
said offence; And whereas the charge is of an offence
committed in the.................................district:—This is to
command you to convey the said C.D., of
......................................before the magistrate of the last-
mentioned district, and to deliver to him this warrant and the
said deposition.
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s. 86
(1) State
concisely the
substance of the
information.
(2) Recitals— for
accused
person:— was
committed to
take his trial for
the said
offence, but has
now duly
entered into a
recognisance to
appear for that
purpose:—
for witness:—
was committed
for refusing to
enter into a
recognisance to
attend and give
evidence or the
trial of the said
C.D for the said
offence, but has
now done so:—
or, the said C.D.
for want of
evidence, has
not been bailed
or
Dated this.............day of.................20......

(Signed)..............................
..................Magistrate,................ District.
17.
Warrant to discharge accused person from prison
................................DISTRICT.
To the Keeper of ................................... prison.
Whereas a charge was made that C.D. (1)....................and
whereas ...............................of .................. (2)...................................
This is to command you to take the recognisance of the
said C.D. in the sum of ............................ to appear for that
purpose, and then to discharge the said C.D unless he shall be
in your custody for some other cause.
Dated this...................day of..........................20.......
(Signed)..............................
..............Magistrate,................... District.

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committed:—
or, two sureties
have duly
entered into
recognisances
for his
attendance for
that purpose:—
s. 49
(1) Insert
description of the
things to be
searched for, and
of the offence in
respect of which
the search is
made.
s. 186
18.
Search Warrant
........................DISTRICT.
To................................police [or other] constable.
Whereas it appears, upon the oath of A.B., of .....................
that there is reason to suspect that (1)..............................are
concealed in ........................at ........................:—This is therefore
to authorise and require you to enter, between the hours of
.............and ................ into the said premises, and to search for
the said things, and to bring the same before me or some
other magistrate.
Dated this................day of........................ 20.......
(Signed).................................
................Magistrate,................District.
NOTE.—The warrant must be executed between 5 a.m. and 8 p.m.,
unless the magistrate otherwise directs.
PART VI
CAPITAL PUNISHMENT
19.
Certificate of Medical Officer of Prison
I.......................Medical Officer [or as the case may be] of the
...................... prison, hereby certify that I this day examined
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s. 186
s.76
(1) Insert name
and district of
Magistrate.
(2) Insert name
and full
description of
witness.
the body of......................................on whom judgment of death
was this day executed in the said prison, and that, on that
examination, I found that the said.................................was
dead.
Dated this ................ day of ....................... 20.....
(Signed)..............................
Medical Officer of.......................Prison.
20.
Declaration of Superintendent of Prisons and others
We, the undersigned, hereby declare that judgment of
death was this day executed on ..........................in the
........................... prison in our presence.
Dated this..............day of........................20......
(Signed)........................
Superintendent of Prisons.
Justice of the Peace.
Keeper of
etc., etc., etc.,
PART VII
MISCELLANEOUS FORMS
21.
Notice of intention to take deposition of witness
To C.D., of.................................
Take notice that, whereas it has been proved upon the
oath of ..............................of..................... before (1).....................
that (2)...................... is able to give evidence tending to prove
the guilt of the accused person, the examination of the said
..............................will be taken at......o’clock......m.,
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s. 85
(1) Rank. etc.
(2) Sober or as
the case may be.

s. 93
[2 of 1948]
Material, etc.,
for indictments.
on...............day, the................day of ........................20......,
at.....................on which occasion, if you think proper, you,
your counsel, may attend and cross-examine the
said.......................................and take notice that, whether you
attend or not, the deposition then taken of the
said..................................may be given in evidence at the trial,
notwithstanding your absence from the examination.
Dated this...............day of .........................20......
(Signed)..............................
A.B.
22.
Receipt for prisoner
I hereby certify that I have received from R.S.
(l)......................of ....................the body of C.D., together with a
warrant under the hand of......................... Esquire, magistrate
of the................................ district, and that the said prisoner
was (2)...................at the time he was delivered into my
custody.
Dated this.................... day of .......................20......
(Signed).........................
Keeper of .....................Prison.
--------------------
FIFTH SCHEDULE
RULES
1. (1) An indictment may be on parchment or durable
paper, and may be either written or printed, or partly written
or partly printed.
(2) Each sheet on which an indictment is set out
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Commence-
ment of the
indictment.

Joining of
charges in one
indictment

Mode in which
offences are to
be charged.

shall be not more than fourteen and not less than six inches in
length, and not more than ten and not less than seven inches
in width, and if more than one sheet is required the sheets
shall be fastened together in book form.
(3) A proper margin not less than three inches in
width shall be kept on the left-hand side of each sheet.
(4) Figures and abbreviations may be used as in an
indictment for expressing anything which is commonly
expressed thereby.
(5) An indictment shall not be open to objection by
reason only of any failure to comply with this rule.
2. The commencement of the indictment shall be in
the following form:

The State v. A.B.
In the High Court of Guyana.
(Criminal Jurisdiction.)
County of...........................
Presentment of the Director of Public Prosecutions of
Guyana. A.B. is charged with the following offence
(offences):—
3. Charges for any offences, whether felonies or
misdemeanours, may be joined in the same indictment if
those charges are founded on the same facts, or form or are a
part of a series of offences of the same or a similar character.
4. (1) A description of the offence charged in an
indictment, or, where more than one offence is charged in an
indictment, of each offence so charged, shall be set out in the
indictment in a separate paragraph called a count.
(2) A count of an indictment shall commence with
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Provisions as to
statutory
offences.
a statement of the offence charged, called the statement of
offence.
(3) The statement of offence shall describe the
offence shortly in ordinary language, avoiding as far as
possible the use of technical terms, and without necessarily
stating all the essential elements of the offence, and shall
contain a reference to the section of the Act under which the
charge is laid.
(4) After the statement of the offence, particulars of
it shall be set out in ordinary language, in which the use of
technical terms shall not be necessary:
Provided that where any rule of law or any statute limits
the particulars of an offence required to be given in an
indictment, nothing in this rule shall require any more
particulars to be given than those so required.
(5) The forms set out in the Appendix to these
Rules, or forms conforming therewith as nearly as may be,
shall be used in cases to which they are applicable, and in
other cases forms to the like effect, or conforming therewith as
nearly as may be, shall be used, the statement of offence and
the particulars of offence being varied according to the
circumstances in each case.
(6) Where an indictment contains more than one
count, the counts shall be numbered consecutively.
5. (1) Where an enactment constituting an offence
states the offence to be the doing or the omission to do any
one of any different acts in the alternative, or the doing or the
omission to do any act in any one of any different capacities,
or with any one of any different intentions, or states any part
of the offence in the alternative, the acts, omissions, capacities,
or intentions or other matters stated in the alternative in the
enactments, may be stated in the alternative in the count
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Description of
property.

Description of
persons.

Description of
document.
charging the offence.
(2) It shall not be necessary, in any count charging
a statutory offence, to negative any exception, or exemption
from, or qualification to, the operation of the statute creating
the offence.
6. (1) The description of property in a count in an
indictment shall be in ordinary language and such as to
indicate with reasonable clearness the property referred to,
and if the property is so described it shall not be necessary
(except when required for the purpose of describing an
offence depending on any special ownership of property or
special value of property) to name the person to whom the
property belongs or the value of the property.
(2) Where property is vested in more than one
person, and the owners of the property are referred to in an
indictment, it shall be sufficient to describe the property as
owned by one of those persons by name with others, and if
the persons owning the property are a body of persons with a
collective name, such as “inhabitants,” “trustees,”
“commissioners,” or “club,” or other collective name, it shall
be sufficient to use that name without naming any individual.
7. The description or designation in an indictment of
the accused person or of any other person to whom reference
is made therein, shall be such as is reasonably sufficient to
identify him, without necessarily stating his correct name, or
his abode, style, degree, or occupation; and if, owing to the
name of the person not being known, or for any other reason,
it is impracticable to give that description or designation, such
description or designation shall be given as is reasonably
practicable in the circumstances, or the person may be
described as “a person unknown.”
8. Where it is necessary to refer to any document or
instrument in an indictment, it shall be sufficient to describe it
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General rule as
to description.

Statement of
intent.

Charge of
previous
conviction,
habitual
criminal or
drunkard.
Citation.

by any name or designation by which it is usually known, or
by the purport thereof, without setting out any copy thereof.
9. Subject to any other provisions of these Rules it
shall be sufficient to describe any place, time, thing, matter,
act, or omission whatsoever, to which it is necessary to refer
in any indictment, in ordinary language in such a manner as
to indicate with reasonable clearness that place, time, thing,
matter, act, or omission.
10. It shall not be necessary in stating any intent to
defraud, deceive, or injure, to state an intent to defraud,
deceive or injure any particular person, where the statute
creating the offence does not make an intent to defraud,
deceive, or injure a particular person an essential ingredient
of the offence.
11. Any charge of a previous conviction of an offence,
or of being an habitual criminal or an habitual drunkard, shall
be charged at the end of the indictment by means of a
statement, in the case of a previous conviction that the person
accused has been previously convicted of that offence at a
certain time and place without stating the particulars of the
offence, and in the case of an habitual criminal or habitual
drunkard, that the offender is an habitual criminal or an
habitual drunkard, as the case may be.
12. These rules may be cited as the Indictment Rules,
and, together with any rules made under section 94 of this
Act, may be cited together by any collective title prescribed by
the last mentioned rules.

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APPENDIX TO RULES
FORMS OF INDICTMENT
1
STATEMENT OF OFFENCE
Murder, contrary to section 100 of the Criminal Law
(Offences) Act.
PARTICULARS OF OFFENCE
A.B. on the ......................... day of............................. 20 .......
murdered J.S.
2.
STATEMENT OF OFFENCE
Accessory after the fact to murder, contrary to section 105
of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B. well knowing that H.C. had murdered O.C. did on
the....................day of..........................and on other days
thereafter, receive, comfort, harbour, assist, and maintain the
said H.C.
3.
STATEMENT OF OFFENCE
Manslaughter, contrary to section 94 of the Criminal Law
(Offences) Act.

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PARTICULARS OF OFFENCE
(Offences) Act.
Wounding, contrary to section 50 of the Criminal Law
Second count
STATEMENT OF OFFENCE
him the said A.B.
figure, or disable him, or to resist the lawful apprehension of
with intent to do him grievous bodily harm, or to maim, dis-
A.B., on the...................day of .......................wounded C.D.
PARTICULARS OF OFFENCE
Criminal Law (Offences) Act.
Wounding with intent, contrary to section 57 of the
First count
STATEMENT OF OFFENCE
5.
carnal knowledge of E.F., without her consent.
A.B., on the......................day of.......................................had
PARTICULARS OF OFFENCE
(Offences) Act.
Rape, contrary to section 76 of the Criminal Law
STATEMENT OF OFFENCE
4.
killed J.S.
A.B., on the..................day of.......................unlawfully

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PARTICULARS OF OFFENCE
A.B., on the.......................day of .................................
maliciously wounded C.D.
6.
STATEMENT OF OFFENCE
Cruelty to a child, contrary to section 92 of the Criminal
Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., between the.....................day of...............and
the.......................day of.............................being the guardian of
C.D., a child, ill-treated or neglected the said child, in a
manner likely to cause the said child unnecessary suffering or
injury to its health.
7.
STATEMENT OF OFFENCE
Larceny, contrary to section 184 of the Criminal Law
(Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the...................day of..........................., being clerk
or servant to M.N., stole from the said M.N. ten yards of cloth.
8.
STATEMENT OF OFFENCE
Robbery with violence, contrary to section 222 of the
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Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.....................day of...........................robbed C.D.
of a watch, and at the time of or immediately before or
immediately after that robbery did use personal violence to
the said C.D.
9.
STATEMENT OF OFFENCE
First count
Larceny, contrary to section 164 (or 167, as the case may
be) of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the...................day of .........................stole a bag the
property of C.D.
STATEMENT OF OFFENCE
Second count
Receiving stolen goods contrary to section 236 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the......................day of.........................did receive a
bag, the property of C.D., knowing the same to have been
stolen.
A.B., has been previously convicted of felony, to wit,
burglary, on the .............................. day of ........................at the
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..................................... Supreme Criminal Court.
10.
STATEMENT OF OFFENCE
Burglary and larceny, contrary to section 228 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., in the night of the...................day of............................
did break and enter the dwelling-house of C.D., with intent to
steal therein, and did steal therein one watch, the property of
S.T., the said watch being of the value of one hundred and
fifty dollars.
11.
STATEMENT OF OFFENCE
Sending threatening letter, contrary to section 42 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the....................day of..............................sent,
delivered or uttered to, or caused to be received by C.D., a
letter accusing or threatening to accuse the said C.D., of an
infamous crime with intent to extort money from the said
C.D.
12.
STATEMENT OF OFFENCE
Obtaining goods by false pretences, contrary to section
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194 of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the....................day of...................................with
intent to defraud, obtained from S.P. five yards of cloth by
falsely pretending that he, the said A.B., was a servant to J.S.,
and that he, the said A.B. had then been sent by the said J.S. to
S.P., for the said cloth, and that he the said A.B., was then
authorised by the said J.S. to receive the said cloth on behalf
of the said J.S.
13.
STATEMENT OF OFFENCE
Conspiracy to defraud, contrary to section 33 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., and C.D. on divers days between the...................... day of
.........................and the ....................day of ...........................
conspired together with other persons unknown to defraud
such persons as should thereafter be induced to part with
money to the said A.B. and C.D. by false representations that
A.B. and C.D. were then carrying on a genuine business as
jewellers at.........................and that they were then willing and
prepared to supply articles of jewellery to those persons.
14.
STATEMENT OF OFFENCE
First count
Arson, contrary to section 140 of the Criminal Law
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(Offences) Act
PARTICULARS OF OFFENCE
A.B., on the.....................day of ..............................
....................... maliciously set fire to a dwelling house, one F.G.
being therein.
STATEMENT OF OFFENCE
Second count
Arson, contrary to section 141 of the Criminal Law
(Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the....................day of ........................ maliciously
set fire to a house with intent to injure or defraud.
15.
STATEMENT OF OFFENCES
A.B., arson, contrary to section 141 of the Criminal Law
(Offences) Act. C.D., accessory before the fact to same offence,
contrary to the Criminal Law (Offences) Act, section 25.
PARTICULARS OF OFFENCES
A.B., on the......................day of ...........................set fire to a
house with intent to injure or defraud.
C.D., on the same day ,............................... did counsel,
procure, and command the said A.B. to commit the said
offence.

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16.
STATEMENT OF OFFENCE
First count
Offence under section 128 of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.......................day of ..............................
displaced a sleeper belonging to the..........................railway
with intent to obstruct, upset, overthrow, destroy, or damage
any engine, tender, carriage or truck using the said railway.
STATEMENT OF OFFENCE
Second count
Obstructing railway, contrary to section 129 of the Criminal
Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.........................day of...........................in the
county of.............................................................................................
by unlawfully displacing a sleeper belonging to
the...................... railway did obstruct or cause to be obstructed
an engine or carriage using the said railway.
17.
STATEMENT OF OFFENCE
First count
Forgery, contrary to section 255 of the Criminal Law
(Offences) Act.

LAWS OF GUYANA
164 Cap. 10:01 Criminal Law (Procedure)
L.R.O. 1/2012
PARTICULARS OF OFFENCE
A.B., on the.....................day of............................in the
county of .........................with intent to defraud, forged a
certain will purporting to be the will of C.D.
STATEMENT OF OFFENCE
Second count
Uttering forged document, contrary to section 254 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the .......................day of ..............................in the
county of..........................uttered a certain forged will
purporting to be the will of C.D., knowing the same to be
forged and with intent to defraud.
18.
STATEMENT OF OFFENCE
Uttering counterfeit coin, contrary to section 298 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the......................day of..............................at the
public house called “The Red Lion,” in the county of
......................... uttered a counterfeit half-crown, knowing the
same to be counterfeit.
19.
STATEMENT OF OFFENCE
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 165
L.R.O. 1/2012
Perjury, contrary to section 324 of the Criminal Law
(Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.....................day of.............................in the
county of ..............................being a witness upon the trial of an
action in the court in which one.....................was plaintiff, and
one.......................... was defendant, knowingly, falsely swore
that he saw one M.N. in the street called.................., on
the.................day of ............................
20.
STATEMENT OF OFFENCE
Libel, contrary to section 113 of the Criminal Law
(Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.......................day of.............................in the
county of..........................published a defamatory libel
concerning E.F., in the form of a letter [book, pamphlet,
picture, or as the case may be] [innuendo should be stated
where necessary.]
21.
STATEMENT OF OFFENCE
First count
Publishing obscene libel, contrary to section 350 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
E.M., on the.....................day of................................in the
LAWS OF GUYANA
166 Cap. 10:01 Criminal Law (Procedure)
L.R.O. 1/2012
county of...........................published an obscene libel, the
particulars of which are deposited with this indictment.
[Particulars to specify pages and lines complained of
where necessary as in a book.]
22.
STATEMENT OF OFFENCE
A.B., undischarged insolvent obtaining credit, contrary to
section 218 of the Criminal Law (Offences) Act.
C.D., being accessory to same offence, contrary to section
25 of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.....................day of..............................in the
county of..........................being an undischarged insolvent,
obtained credit to the extent of one hundred dollars:–from
H.S. without informing the said H.S. that he was an
undischarged insolvent.
C.D., at the same time and place did aid, abet, counsel
and procure A.B. to commit the said offence.
23.
STATEMENT OF OFFENCE
First count
Falsification of accounts, contrary to section 208 of the
Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the....................day of.............................in the
county of .....................................being clerk or servant to C.D.,
with intent to defraud, made or concurred in making a false
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 167
L.R.O. 1/2012
entry in a cash book belonging to the said C.D., his employer,
purporting to show that on the said day one hundred dollars
had been paid to L.M.
STATEMENT OF OFFENCE
Second count
Same as first count.
PARTICULARS OF OFFENCE.
A.B., on the......................day of.........................in the county
of...............................being clerk or servant to C.D., with intent
to defraud, omitted or concurred in omitting from or in a cash
book belonging to the said C.D., his employer, a material
particular, that is to say, the receipt on the said day of fifty
dollars from H.S.
24.
STATEMENT OF OFFENCE
First count
Fraudulent conversion of property, contrary to section
197(1)(a) of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the......................day of................................in the
county of.....................fraudulently converted to his own use
and benefit certain property, that is to say, one hundred
dollars entrusted to him by H.S., in order that he, the said
A.B., might retain the same in safe custody.
STATEMENT OF OFFENCE

LAWS OF GUYANA
168 Cap. 10:01 Criminal Law (Procedure)
L.R.O. 1/2012
s. 132
[O. in C.
56/1947
6 of 1997]
Second count
Fraudulent conversion of property, contrary to section
197(1)(b) of the Criminal Law (Offences) Act.
PARTICULARS OF OFFENCE
A.B., on the.......................day of................................in the
county of............................fraudulently converted to his own
use and benefit certain property, that is to say, the sum of two
hundred dollars received by him for and on account of L.M.
--------------------
SIXTH SCHEDULE
REMUNERATION OF WITNESSES
Each person in the following classes, for each day that
person attends, or is travelling to attend, or to return from,
any trial, provided the person is not in receipt of any salary or
wages as a public officer or servant in Guyana, shall be
remunerated as follows:
1. Medical and legal practitioners, ministers
of religion, civil, mechanical and electrical
in other branches of engineering, registered
dentist, chartered accountants and persons
registered as public auditors under the
Companies Act and other persons
professionally qualified, but not otherwise
specified in this Schedule. $325 00
2. Every merchant, attorney, director or
manager of a mercantile firm, estate proprietor,
estate manager or attorney 195 00
3. Every architect, surveyor, building
contractor, chemist and druggist, auctioneer, 165 00
engineers and persons professionally qualified
LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 169
L.R.O. 1/2012
manufacturers agent, master of a sea-going
vessel or other person similarly employed
4. Every mercantile clerk, shop or store
keeper, master tradesman, estate overseer, mate
of a seagoing vessel or other person similarly
employed
130 00
5. Every shop assistant, provision farmer,
tradesman, stevedore porter, estate
superintendent or other person similarly
employed 100 00
6. Every pedlar, store porter, chauffeur,
seamstress, labourer on a timber grant, balata
grant, placer or mining claim, or other person
similarly employed 80 00
7. Every domestic servant, agricultural
labourer, gardener, huckster, groom or other
person similarly employed 65 00
8. Every person between the ages of 6 and 16 35 00
9. Every person being the wife or unmarried
daughter of any person in the classes above
mentioned, one half of the allowance of that
person, provided that such wife or daughter is
over the age of 16 years and is not in
employment
10. Every person belonging to any class not
specified 35 00
11. For qualifying to give evidence and for
attendance in court of expert scientific or other
witness such sum as may be fixed by the court
not being less than $325.00 or more than
$3,250.00.
Note. (l) A witness in classes I and 2 who resides within the boundaries
of the City of Georgetown, or within the boundaries of the Town of New
Amsterdam, or within 1 mile of the Court House at Suddie shall not
receive any remuneration unless he satisfies the Registrar that he has
incurred loss by attending the court.
(2) In all cases a witness (including a public officer or servant when
attending as a witness in a matter not arising out of his official duties) shall be
entitled to such actual travelling and hotel expenses(where necessary) as the
LAWS OF GUYANA
170 Cap. 10:01 Criminal Law (Procedure)
L.R.O. 1/2012
s. 80
[21 of 1932]
Registrar shall in each case allow.
___________
SEVENTH SCHEDULE FORM OF RETURN OF SERVICE OF NOTICE ON A PERSON
COMMITTED FOR TRIAL OR A WITNESS
The Criminal Law (Procedure) Act, Cap. 10:01, section 80.
The State v.
I(1) .............................., (2).............................. hereby certify that
on the..............day of .........................20......, at (3).........................
I served a document of which the within document is a true
copy on (4)...............................of (5) ...........................by (6)
..................................
Dated this....................day of ............................... 20......
..............................................
Signature
(1) Name in full.
(2) Police or other constable.
(3) Place where notice served.
(4) Name of person
(5) Address of person served.
(6) Mode of service
-------------------

LAWS OF GUYANA
Criminal Law (Procedure) Cap. 10:01 171
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
RUPUNUNI TRIALS ORDER
made under section 9(2)
Citation.
Direction.
1. This Order may be cited as the Rupununi Trials
Order.
2. It is hereby directed that all persons, committed for
trial from the Magisterial District mentioned in the first
column of the Schedule shall be committed for trial to, and
shall be tried at, a sitting of the High Court for the County
indicated in the second column of the Schedule.
O. in C.
20/3/1894

O. in C.
1/6/1923
SCHEDULE
District of committal County of trial
North West Magisterial
District Demerara

Rupununi Magisterial
District Demerara
___________________
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