[Rev. 2012]
Criminal Procedure Code
CAP. 75
PASSING SENTENCE
323. Calling upon the accused
If the judge convicts the accused person, or if the accused person pleads guilty,
the Registrar or other officer of the court shall ask him whether he has anything
to say why sentence should not be passed upon him according to law, but the
omission so to ask him shall have no effect on the validity of the proceedings.
[Act No. 33 of 1963, First Sch.]
324. Motion in arrest of judgment
(1) The accused person may, at any time before sentence, whether on his plea
of guilty or otherwise, move in arrest of judgment on the ground that the information
does not, after any amendment which the court has made and had power to make,
state an offence which the court has power to try.
(2) The court may either hear and determine the matter during the same sitting,
or adjourn the hearing thereof to a future time to be fixed for that purpose.
(3) If the court decides in favour of the accused, he shall be discharged from
that information.
325. Sentence
If no motion in arrest of judgment is made, or if the court decides against the
accused person upon a motion, the court may sentence the accused person at any
time during the session.
326. Power to reserve decision on question raised at trial
The court before which a person is tried for an offence may reserve the giving
of its final decision on questions raised at the trial, and its decision whenever given
shall be considered as given at the time of the trial.
327. Power to reserve questions arising in the course of the trial
(1) When a person has, in a trial before the High Court, been convicted of an
offence, the judge may reserve and refer for the decision of a court consisting of
two or more judges of the High Court any question which has arisen in the course
of the trial, and the determination of which would affect the event of the trial.
(2) If the judge reserves any such question, the person convicted shall, pending
the decision thereon, be remanded to prison or be admitted to bail; and the High
Court may review the case, or such part thereof as may be necessary, and finally
determine the question, and thereupon may alter the sentence passed by the trial
judge and pass such judgment or order as the High Court may think fit.
328. Objections cured by verdict
No judgment shall be stayed or reversed on the ground of an objection which,
if stated after the information was read over to the accused person, or during the
progress of the trial, might have been amended by the court, nor for any informality
in swearing the witnesses or any of them.
[Act No. 33 of 1963, First Sch.]
C44 - 87
[Issue 1]
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