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DISTRICT AND INTERMEDIATE COURTS (CRIMINAL JURISDICTION) ACT, No

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 (No. 2) Act 2018 (Act No 14 of 2018), Judicial and Legal Provisions Act 2018 (Act No 3 of 2018), Criminal Appeal and Criminal Review Act 2025 (Act No. 17 of 2025), Financial Crimes Commission (Miscellaneous Provisions) Act 2025.

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. 3 Non-application to other islands
  4. PART I: PROCEEDINGS TO OBTAIN THE ATTENDANCE OF A PARTY CHARGED BEFORE MAGISTRATE
  5. 4 Issue of warrant
  6. 5 Warrant for offence committed elsewhere
  7. 6
  8. 7 Contents of warrant
  9. 8 No objection allowed to warrant
  10. 9
  11. 10 Officer not bound to exhibit warrant
  12. 11
  13. 12
  14. 13 Treatment of party arrested
  15. 14 Where party not brought before Magistrate
  16. 15
  17. 16 Arrest by private person
  18. 17 Person found stealing
  19. 18
  20. 20
  21. 21
  22. 22 Arrest by officer without warrant
  23. 23 Security for keeping the peace
  24. 24
  25. 25 Arrest without warrant
  26. 26 Person who assaults an officer
  27. 27
  28. 28 Officer to notify his authority
  29. 29 Arrest by word of mouth
  30. 30 Warrant to search for stolen goods
  31. 32 Arrest of occupier
  32. 33
  33. 34 Power of entry
  34. 35
  35. 36 Warrant on oath of credible witness
  36. 37 Search for stolen property
  37. 38 Summons before Magistrate
  38. 39 Powers of Magistrate
  39. 40 Summons to issue
  40. 41 No objection to summons
  41. 42 Where defendant appears on notice
  42. 43 Information by DPP
  43. PART II: PRELIMINARY INQUIRY AND COMMITMENT FOR TRIAL
  44. 44
  45. 45 Information and depositions
  46. 46 Depositions – how taken
  47. 47
  48. 48 Recognisance to give evidence at trial
  49. 49
  50. 50 Inspections and post-mortem examinations
  51. 51 Warning to accused
  52. 52
  53. 53
  54. 54 Adjournment of inquiry
  55. 56 Holding of inquiry
  56. 57 Discharge or commitment of accused
  57. 58 Discharge no bar to new charge
  58. 59 When commitment not deemed invalid
  59. 60 Effect of informality in commitment
  60. 62 Documents sent to DPP
  61. 63
  62. 64
  63. 65 After commitment
  64. PART III: SUMMARY JURISDICTION
  65. 66 Magistrate to sit in open Court
  66. 67 Where information not previously taken
  67. 67A Information
  68. 67B Bail on application for certiorari
  69. 67C
  70. 68
  71. 69 Appearance by letter
  72. 69A Where accused does not appear
  73. 69B Sentence on timely guilty plea
  74. 70 Complainant not appearing
  75. 71 Adjournment
  76. 72 The hearing
  77. 72A Error in sentence inserted by Act No 14 of 2018
  78. PART III: SUMMARY JURISDICTION
  79. 73 No objection allowed to information
  80. 74
  81. 75 Costs
  82. 76 Dismissal of charge
  83. 77 Conviction
  84. 77A Conviction for other cases of similar nature
  85. 78 Judgment of District Court final
  86. 79
  87. 80 Imprisonment in lieu of fine
  88. 81 Imprisonment in lieu of costs
  89. 82 Different sentences against same person
  90. 83 Sentence on person already convicted
  91. 85 Exemption from payment of fees
  92. 86 Execution against prosecutor
  93. 87 Where several persons jointly convicted
  94. 88 Imprisonment in lieu of execution
  95. 89 Sale of property seized in execution
  96. 90 Payment of fines by instalments
  97. 92 Right of appeal
  98. 93 Time for appealing
  99. 94 Execution of judgments pending appeal
  100. 95
  101. 96 Powers of Supreme Court on appeal
  102. 97 What objection not allowed
  103. 98 Omission or mistake in conviction
  104. 99 Objection of incompetent evidence
  105. 100 Judgment on appeal
  106. PART IV: MISCELLANEOUS
  107. 110 Investigation in case of violent death
  108. 111 Inquiry into violent or suspicious death
  109. 112 Similar inquiries
  110. 114
  111. 115
  112. 116 Recognisance on appeal or for certiorari
  113. 117 Recognisance to appear as a witness
  114. 118
  115. 119 Powers of police and others saved
  116. 120 Change of prosecuting officer
  117. 121 Prosecution by agent of private party
  118. 122 Intervention of DPP in private prosecution
  119. 123
  120. 124 District for prosecution
  121. 125 Information
  122. 126 Witnesses heard on oath
  123. 127 Attempt to commit an offence
  124. 128 Prisoner charged with embezzlement
  125. 129 Amending information in forgery cases
  126. 130 Forms
  127. SECOND SCHEDULE
  128. 1
  129. 2 To safely keep him/her* in your custody in default of such recognisance/for