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Section 57: Discharge or commitment of accused

DISTRICT AND INTERMEDIATE COURTS (CRIMINAL JURISDICTION) ACT, No · PART II: PRELIMINARY INQUIRY AND COMMITMENT FOR TRIAL

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.

57. Discharge or commitment of accused (1) (a) Where at the close of the inquiry after hearing the evidence the Magistrate is of opinion that the evidence is not sufficient to put the accused party on trial for any offence, the Magistrate shall order the accused party to be discharged. (b) Where the Magistrate is of opinion that the evidence is sufficient to put the accused on his trial for an offence not within the summary jurisdiction of the Court, or the evidence given raises a strong or probable presumption of the guilt of the accused, the Magistrate shall by his warrant in Form G of the Second Schedule commit him to prison for trial before the Supreme Court. (2) (a) Where it appears to the Magistrate that the accused has committed an offence other than that with which he was charged, or that the evidence is sufficient to put him on his trial for such other offence, the Magistrate may commit the accused for trial for such other offence, provided it is one in respect of which a Magistrate may commit for trial. (b) Where it appears to the Magistrate that the evidence is sufficient to put the accused on his trial for an offence within the jurisdiction of the Magistrate, the Magistrate may proceed as provided in Part III of this Act and section 114 of the Courts Act. D13 – 15 [Issue 4] District and Intermediate Courts (Criminal Jurisdiction) Act

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