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331.

326. Warrant if witness fail to appear, warrant in first instance 137

327. Witness refusing to be examined

328. Depositions to be read to witnesses

329. When depositions may be given in evidence

330. Copy of depositions

Prosecutor and witnesses to be bound over to prosecute
and give evidence

- 137

- 138

- 138

139

- 139

332.

Transmission of documents

- 140

333.

Witness refusing to be bound over may be imprisoned - 141 334. Taking deposition of witness who is ill, &c.

- 141

335. Power to take evidence by commission 336. Search warrants

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- 143

337.

CHAPTER XLIV.

OF THE CUSTODY OF DEFENDANTS.

Defendant to be committed, bailed, or discharged

338. When taking bail is and is not discretionary

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- 144

339. At what stages of the proceedings bail may be taken - 144
340. In what cases and how the defendant may be committed
to prison

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343. Bail of persons unable to procure bail on committal 344. Recognizances to be transmitted to court

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A.D. 1878.

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346.

Custody of defendant in case of change of place of trial 148 347. Estreating recognizances

149

CHAPTER XLV.

ACCUSATION.-NOTICE OF INDICTMENT.-PROCESS ON INDICTMENT.

348. No one to be tried till he is accused

349. Who may send a bill before a grand jury

- 149

350. On acquittal or throwing out of bill, defendant to have

costs

351. What orders defendants may obtain before trial
352. If no copy of indictment before bill found
353. Special provisions in the case of treason

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150

151 - 152

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361. Pleas in abatement and other special pleas. Motions to

362.

quash the indictment

If the prisoner pleads not guilty, jury to be sworn 363. Challenges to the array

364. If no challenge to array panel to be called

365. Challenges

366. Giving in charge

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- 160

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371. Notice to be given of evidence to the opposite side
372. Court may direct the attendance of witnesses

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373.

Admissions not to be taken on trial of indictable offences

374. Summing up

375. Jury to consider their verdict

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SECT.

377. Verdict may be general or special.-Effect
378. Verdict of not guilty

379. Motion in arrest of judgment on verdict of guilty
380. Motion in arrest of execution
381. Adjournments

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390. Special entries on the record at instance of defendant
391. Special entry by court
392. Appeals. Cases reserved
393. Application for a new trial

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- 176

401. When more persons than one may be jointly indicted
402. When an indictment is to be divided into separate counts 176
403. Joinder of counts and proceedings thereon

404. Charge of previous conviction

- 177

177.

- 178

- 178

405. Where a defendant may be convicted of an offence diffe-
rent from the one charged in the indictment -

406. How if evidence proves a more serious offence
407. What objections may be taken to an indictment and

when

408. Special pleas

409. Special verdicts

179 - 179

- 181

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413. Secretary of State may make regulations as to amount

of costs

414. Costs ordered to be paid by county treasurer

415. Costs may be ordered to be paid to prosecutor in all

cases

416. Costs of defendants' witnesses

417. Costs where order for change of place of trial
418. When defendant may be ordered to pay costs
419. When prosecutor may be ordered to pay costs
420. Costs of conveying defendant to gaol
421. Rewards and compensation

422. Restitution of property

423. Compensation to person injured

424.

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182

182

183

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Criminal courts to have same power to issue process to
compel payment of costs and judgment debt as
High Court -

- 188

425. Repeal of Acts

SCHEDULE OF FORMS.

SCHEDULE OF ENACTMENTS REPEALED.

- 188

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A

BILL

ΤΟ

Establish a Code of Indictable Offences and the Procedure A.D. 1878. relating thereto.

BE

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.

INTRODUCTORY PROVISIONS.

CHAPTER I.

APPLICATION OF THE ACT.

SECTION 1.

SHORT TITLE.

This Act may be cited for all purposes as the Criminal Code (Indictable Offences), 1878.

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Those parts of this Act, for the local application of which no 20 special provision is herein-after made, and which relate to any matter other than procedure, shall extend

(a.) To all acts done by any person in England, or upon or in any part of the sea contained within the body of any English county, or upon or in any part of the sea adjacent to the coast of 25 England and within one marine league of any part of the coast

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