The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(304) CRIMINAL LAW PROCEDURE

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Criminal proceedings can be started either by the arrest of an offender or the service upon him of a summons. In the case of an arrest, the suspect has a right to be told what he is being arrested for and cautioned i.e. told that he need not say anything in answer but if he does say anything, it will be recorded and may be used as evidence against him. He is usually then taken to a police station. He can be released on bail to appear before a magistrate, unless the charge is serious or there is some other good reasons to detain him in custody. If detained, he must be brought before the court as soon as practicable, which is usually understood to mean within 48 hours.

A summons requires the offender to attend court at a specified time. If he does not show up, a warrant for his arrest may be issued. For minor offences including traffic summonses, the offender can elect to plead guilty by letter.

Having come to court either upon arrest or in compliance with a summons, the offender must wait in court for his name to be called. The magistrate or judge will read to him the charge and ask him to plead. If he pleads guilty, the prosecutor will read out the facts of the case to see whether he agrees to them or not. The offender is then entitled to make any statement which he feels the court should be aware of when determining sentence. If the court imposes a fine, the offender can ask for time to pay. If the sentence is imprisonment, he will be taken away immediately to serve his term.

If the offender pleads not guilty, a hearing date will be fixed. In the magistracies this will probably be 4 to 10 weeks later, and longer in the District Court and High Court. At the hearing, the prosecution must prove the charge beyond reasonable doubt. Prosecution witnesses can be called to tell their side of the story. The Defendant is entitled to cross examine each of them. After the prosecution's case is finished, the defendant can choose to remain silent, or to give his version of what took place. But in both cases he can call witnesses to support him. However, he or his witnesses are also subject to cross examination by the prosecution. At the end of the case, he can make a statement pointing out the strength of his defence and the weakness of the prosecution case. The Court will then decide whether to acquit him or to find him guilty and impose a sentence. If the defendant is found not guilty, he will be free to go immediately, and to get back any bail money he has paid.

Serious offences such as wounding, bribery and drug trafficking are normally transferred to the District Court. Very serious crimes such as treason, murder, rape and robbery will be tried by a High Court Judge sitting with a jury consisting of 7 members of the community. But before a magistrate transfers a case to the High Court he has to conduct a committal hearing, at which the prosecution must satisfy him there is sufficient evidence to put the offender on trial. If the prosecution fails to do so, the proceedings will be dismissed at this stage.

Date of amendment: 1st October 1992