CAP. 75
Criminal Procedure Code
[Rev. 2012]
(6) Where an order of the court is made under this section for a separate trial
or for postponement of a trial—
(a) Repealed by Act No. 7 of 2007, Sch.
(b) the procedure on the separate trial of a count shall be the same in all
respects as if the count had been found in a separate information, and
the procedure on the postponed trial shall be the same in all respects
(provided that the assessors, if any, have been discharged) as if the
trial had not commenced; and
(c) the court may make such order as to admitting the accused to bail,
and as to the enlargement of recognizances and otherwise, as the
court thinks fit.
(7) A power of the court under this section shall be in addition to and not in
derogation of any other power of the court for the same or similar purposes.
[Act No. 33 of 1963, First Sch.]
276. Quashing of information
(1) If an information does not state, and cannot by amendment authorized by
section 275 be made to state, an offence of which the accused has had notice,
it shall be quashed either on a motion made before the accused pleads or on a
motion made in arrest of judgment.
(2) A written statement of every such motion shall be delivered to the Registrar
or other officer of the court by or on behalf of the accused and shall be entered
upon the record.
277. Procedure in case of previous convictions
Where an information contains a count charging an accused person with having
been previously convicted for an offence, the procedure shall be as follows—
(a) the part of the information stating the previous conviction shall not be
read out in court, nor shall the accused be asked whether he has been
previously convicted as alleged in the information, unless and until
he has either pleaded guilty to or been convicted of the subsequent
offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall
then be asked whether he has been previously convicted as alleged
in the information;
(c) if he answers that he has been so previously convicted, the judge may
proceed to pass sentence on him accordingly; but if he denies that he
has been so previously convicted, or refuses to or does not answer
the question, the court and the assessors shall then hear evidence
concerning the previous conviction:
Provided that, if upon the trial of a person for a subsequent offence that person
gives evidence of his own good character, the advocate for the prosecution,
in answer thereto, may give evidence of the conviction of that person for the
previous offence or offences before a verdict of guilty is returned, and the court
and assessors shall inquire concerning the previous conviction or convictions at
the same time that they inquire concerning the subsequent offence.
[Act No. 33 of 1963, First Sch.]
[Issue 1]
C44 - 82
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