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Criminal Procedure Act

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Judicial and Legal Provisions Act 2018 (Act No 3 of 2018).

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. 3 Power of DPP
  4. 4 Prosecution by aggrieved party
  5. 5 Information given by aggrieved party
  6. 6 Costs in case of frivolous private prosecution
  7. 7
  8. 8 Information against Magistrate
  9. 9 Crime reduced to misdemeanour
  10. 10 Offences triable by Supreme Court without a jury
  11. 11
  12. 12 Prosecution for defamation
  13. 13 Reference of defamation case to Intermediate Court
  14. 14 Trial of defamation case
  15. 15 Evidence of husband and wife in defamation case
  16. PART II: THE INFORMATION
  17. 17
  18. 18 Description of accused
  19. 20 Description of victim
  20. 21 Variance between information and evidence
  21. 22 Information for homicide
  22. 23 Information for forgery and related offences
  23. 24 Engraving
  24. 25 Averment as to an instrument
  25. 26 Averment as to intent to defraud
  26. 27 Joining counts before Supreme Court
  27. 28 Joining counts before Intermediate Court
  28. 29 Joining counts before District Court
  29. 30 Accessory or receiver
  30. 31 Information containing various acts of larceny
  31. 32 Averment as to money or bank note
  32. 33 Perjury
  33. 34 Subornation of perjury
  34. 35
  35. 36 Unnecessary averment
  36. 37 Promoter of an illegal act
  37. 38 Effect of acquittal on party charged
  38. 39 Effect of conviction on party charged
  39. 40 Several persons in one criminal transaction
  40. 41 Accessory before fact
  41. 42 Misconduct by or towards a public officer
  42. 43 Allegation of a particular office
  43. 44 Several counts for crimes
  44. 45
  45. 46 Offences proved against several persons
  46. PART III: PRE-TRIAL PROCEDURE
  47. 49 Warrant to apprehend an accused
  48. 50
  49. 52 To whom warrant directed
  50. 54 Witness examined in absence of accused
  51. 55 Information on examination of witness
  52. 56 Order for outlawry
  53. 57 Sequestration of outlaw’s property
  54. 58 Sequestration order when superseded
  55. 59 Person accused of treason or crime
  56. 60 List of witnesses for accused
  57. 61 List of additional witnesses
  58. 62 Objection when waived
  59. 63 Objection when made
  60. 64 Copy of examination of witnesses
  61. 65 Prosecution evidence available
  62. 68 Perjury of witness
  63. 69 Objection to information
  64. PART IV: ARRAIGNMENT
  65. 70
  66. 72 Several charges for same offence
  67. 73 Several accused charged in one information
  68. 74 Unfitness to stand trial
  69. 75 Accused admitting charge
  70. 77 Plea in abatement
  71. 78 One charge proved sufficient
  72. 79 Demurrer against or for accused
  73. 80
  74. 81 Unreversed acquittal
  75. 83 Special verdict no bar
  76. 84 Plea of autrefois acquit
  77. 85 Previous conviction
  78. 87 Accused being dumb or mute
  79. 88 Accused admitting part of information
  80. PART V: TRIAL
  81. 89 Summons to witness for prosecution
  82. 90 Summons to witness for defence
  83. 91 Pleading before Judge
  84. 92 Postponement of trial
  85. 94 Reason for postponement of trial
  86. 95 Treatment of accused during postponement
  87. 101 Challenge of jury by accused
  88. 102 Challenge of jury after swearing
  89. 103 Reading over of panel of jury
  90. 104 Challenges where several accused
  91. 105 Opening by Counsel for State
  92. 106 Swearing of witness
  93. 107 Examination of witness
  94. 108 State’s evidence
  95. 109 Child victim as witness
  96. 110
  97. 111 Evidence of child
  98. 112 Defence of accused
  99. 113 Order of closing speeches
  100. 114 Accused being ill
  101. 115 Acquittal on account of insanity
  102. 116 Court adjourning trial
  103. 117 Juror being unable to perform his functions
  104. 118 Court postponing trial for production of proof
  105. 119 General or special verdict
  106. 120 Verdict of attempt on charge of full offence
  107. 121 Verdict of assault with intent to rob on charge of aggravated larceny
  108. 122 Crime by accused charged with misdemeanour
  109. 123 Verdict of larceny on charge of embezzlement
  110. 124 Receiver of stolen property
  111. 125 Larceny of property stolen at different times
  112. 126
  113. 128 Verdict of assault on indictment for crime
  114. 129 Reconsidering and correcting verdict of jury
  115. PART VI: JUDGMENT AND SENTENCE
  116. 130 Judgment entered on record
  117. 132 Judgment in presence of accused
  118. 132A Hearing on sentence inserted by Act No 3 of 2018
  119. PART VI: JUDGMENT AND SENTENCE
  120. 133 Adjournment after conviction
  121. 134 New recognisance
  122. 135 Deduction of time of previous confinement
  123. 135 Deduction of time spent in custody inserted by Act No 3 of 2018
  124. 135A Petition to President inserted by Act No 3 of 2018
  125. PART VI: JUDGMENT AND SENTENCE
  126. 136 Joint fine
  127. 137 Judgment on indictment for several offences
  128. 138 One offence proved among several
  129. 139
  130. 140 Accused convicted of several offences
  131. 142 Imprisonment for non-payment of fine
  132. 143 Payment of fine by instalments
  133. 144
  134. 145 Failure to pay instalments
  135. 146
  136. 147 Time limit for payment of fine
  137. 147A Supervision of probation officer
  138. 148
  139. 149 Recovery of costs
  140. 150 Sentence of penal servitude
  141. 150A Sentence of penal servitude for life
  142. 151 Imprisonment in lieu of penal servitude
  143. 152 Imprisonment for less than minimum
  144. 153 Fine for less than minimum
  145. 154 Revenue, customs, and quarantine law
  146. 155 Derogation
  147. 168A Reserving question of law for Court of Criminal Appeal
  148. 168B Statement of question reserved
  149. 170 Convict suffering from mental disorder
  150. PART VII: IMPRISONMENT IN LIEU OF FINE AND STOLEN PROPERTY
  151. 182 Judgment on misdemeanour
  152. 183 Return of stolen property
  153. 184 Property purchased with stolen money
  154. PART VIII: SECURING LIBERTY OF INDIVIDUAL
  155. 185 Unlawful imprisonment
  156. 188 Complaint of illegal detention to Judge
  157. 189
  158. 190 Flouting writ of habeas corpus
  159. PART IX: DISABILITY OF OFFENDER
  160. 194 Incapacity of criminal convict
  161. 196 Property of outlaw
  162. PART X: DISCHARGE OF OFFENDER
  163. 197 Absolute or conditional discharge
  164. 198 Conditions of recognisance
  165. 199
  166. 200 Breach of conditions of release
  167. 201 Right of appeal
  168. 202 Limitation of forfeiture of recognisance
  169. 203 No disability on offender
  170. 204 Quarterly returns
  171. 205 Application of this Part
  172. 206 Publication of approved institutions
  173. PART XI: HABITUAL CRIMINAL
  174. 207 Interpretation
  175. 209 Supervision of habitual criminal
  176. 210 Remand for purpose of identification
  177. 211 Mode of proving previous conviction
  178. 219 Duty to report to police
  179. 220 Penalty
  180. PART XII: MISCELLANEOUS
  181. 221
  182. 222
  183. 223 Regulations