Section 65: After commitment
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.
65. After commitment
(1) After a commitment the Director of Public Prosecutions may, after
examining the depositions, file an information before the Magistrate or Intermediate Court for any crime within the jurisdiction of the Magistrate or
Intermediate Court.
(2) (a) The accused may, before pleading to such information, move a
Judge in Chambers for an order staying proceedings on such information.
(b) Notice of such application shall be given to the Director of Public
Prosecutions.
(3) Where the Judge after examining the record of the preliminary inquiry
is satisfied that the evidence discloses an offence which the Magistrate or
Intermediate Court has no jurisdiction to try, he may order proceedings on
such information to be stayed, whereupon the Director of Public Prosecutions
may proceed on the commitment as if no such information had been filed.
PART III – SUMMARY JURISDICTION
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Questions this section answers
- Can I ask a Judge to stay proceedings on an information if the Magistrate had no jurisdiction to try the offence?