CAP. 75
Criminal Procedure Code
(e)
[Rev. 2012]
that such an order is expedient for the ends of justice or is required
by any provision of this Code,
it may order—
(i) that an offence be tried by a court not empowered under the preceding
sections of this Part but in other respects competent to try the offence;
(ii) that a particular criminal case or class of cases be transferred from a
criminal court subordinate to its authority to any other criminal court
of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to itself.
(2) The High Court may act on the report of the lower court, or on the application
of a party interested, or on its own initiative.
(3) Every application for the exercise of the power conferred by this section
shall be made by motion, which shall, except when the applicant is the Director of
Public Prosecutions, be supported by affidavit.
(4) An accused person making any such application shall give to the Director
of Public Prosecutions notice in writing of the application, together with a copy of
the grounds on which it is made, and no order shall be made on the merits of the
application unless at least twenty-four hours have elapsed between the giving of
notice and the hearing of the application.
(5) When an accused person makes any such application, the High Court may
direct him to execute a bond, with or without sureties, conditioned that he will, if
convicted, pay the costs of the prosecutor.
[Act No. 13 of 1982, First Sch., Act No. 12 of 2012, Sch.]
CONTROL BY REPUBLIC IN CRIMINAL PROCEEDINGS
82. Power of Director of Public Prosecutions to enter nolle prosequi
(1) In any criminal case and at any stage thereof before verdict or judgment, as
the case may be, the Director of Public Prosecutions may enter a nolle prosequi,
either by stating in court or by informing the court in writing that the Republic intends
that the proceedings shall not continue, and thereupon the accused shall be at once
discharged in respect of the charge for which the nolle prosequi is entered, and if
he has been committed to prison shall be released, or if on bail his recognizances
shall be discharged; but discharge of an accused person shall not operate as a bar
to subsequent proceedings against him on account of the same facts.
(2) If the accused is not before the court when a nolle prosequi is entered, the
registrar or clerk of the court shall forthwith cause notice in writing of the entry of
the nolle prosequi to be given to the keeper of the prison in which the accused
may be detained.
[Act No. 13 of 1967, First Sch., Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 68,
Act No. 12 of 2012, Sch.]
[Issue 1]
C44 - 36
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