Section 57: Discharge or commitment of accused
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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Questions this section answers
- If the evidence against me isn't enough, must the Magistrate discharge me?
- Can the Magistrate commit me for trial before the Supreme Court if the evidence raises a strong presumption of guilt?