[Rev. 2012]
Criminal Procedure Code
CAP. 75
(2) If the accused person is in custody and the court directing the transfer
thinks it expedient that custody should be continued, or, if he is not in custody, that
he should be placed in custody, the court shall direct the offender to be taken by
a police officer before the court having jurisdiction where the cause of complaint
arose, and shall give a warrant for that purpose to the officer, and shall deliver to
him the complaint and recognizances, if any, taken by the court, to be delivered to
the court before whom the accused person is to be taken; and the complaint and
recognizances, if any, shall be treated to all intents and purposes as if they had
been taken by the last-mentioned court.
(3) If the accused person is not continued or placed in custody, the court shall
inform him that it has directed the transfer of the case, and thereupon the provisions
of subsection (2) respecting the transmission and validity of the documents in the
case shall apply.
79. Transfer of cases between magistrates
A magistrate holding a subordinate court of the first class—
(a) may transfer a case of which he has taken cognizance to any
magistrate holding a subordinate court empowered to try that case
within the local limits of the first class subordinate courts’ jurisdiction;
and
(b) may direct or empower a magistrate holding a subordinate court of
the second class who has taken cognizance of a case and whether
evidence has been taken in that case or not, to transfer it for trial to
himself or to any other specified magistrate within the local limits of his
jurisdiction who is competent to try the accused and that magistrate
shall dispose of the case accordingly.
[Act No. 17 of 1967, s. 27, Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 66.]
80. Transfer of part-heard cases
If in the course of any trial before a magistrate the evidence appears to warrant
a presumption that the case is one which should be tried by some other magistrate,
he shall stay proceedings and submit the case with a brief report thereon to a
magistrate holding a subordinate court of the first class empowered to direct the
transfer of the case under section 79.
[Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 67.]
81. Power of High Court to change venue
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court
subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been
committed may be required for the satisfactory trial of the offence; or
(d) that an order under this section will tend to the general convenience
of the parties or witnesses; or
C44 - 35
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