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OF PRELIMINARY INQUIRIES BEFORE JUSTICES.
SECT.
316. Justice to hold preliminary inquiry
317. Proceedings on appearance of defendant
318. Calling on the person charged for his defence
319. Evidence to be read to the defendant
320. Calling witnesses for the defence
321. Discretionary powers of the justice
322. Committal or discharge
323. Committals for false evidence

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CHAPTER XLIII.

PREPARATION OF EVIDENCE FOR THE TRIAL.

6

324. Procuring attendance of witnesses

- 136 325. Summons how served

137 326. Warrant if witness fail to appear, warrant in first instance 137 327. Witness refusing to be examined

137 328. Depositions to be read to witnesses

- 138 329. When depositions may be given in evidence

138
330. Copy of depositions

139
331. Prosecutor and witnesses to be bound over to prosecute
and give evidence

- 139
332. Transmission of documents

- 140 333. Witness refusing to be bound over may be imprisoned 141 334. Taking deposition of witness who is ill, &c.

141 335. Power to take evidence by commission

- 142 336. Search warrants

143

CHAPTER XLIV.

OF THE CUSTODY OF DEFENDANTS.
337. Defendant to be committed, bailed, or discharged - 144
338. When taking bail is and is not discretionary

- 144
339. At what stages of the proceedings bail may be taken 144
340. In what cases and how the defendant may be committed
to prison

- 146
341. Committal of the defendant.

- 147 342. Conveying person committed to prison

- 147 343. Bail of persons unable to procure bail on committal 147 344. Recognizances to be transmitted to court

148

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A.D. 1878. SECT.

PAGE 345. Warrant of deliverance when defendant bailed after committal

- 148 346. Custody of defendant in case of change of place of trial 148 347. Estreating recognizances

· 149

CHAPTER XLV.

ACCUSATION.-NOTICE OF INDICTMENT.-PROCESS ON INDICTMENT.

- 149

348. No one to be tried till he is accused
349. Who may send a bill before a grand jury

- 150 350. On acquittal or throwing out of bill, defendant to have costs

151 351.

What orders defendants may obtain before trial - 152 352. If no copy of indictment before bill found

152 353. Special provisions in the case of treason

. 153 354. Criminal information

- 153 355. Coroners' inquests

- 154 356. Bench warrant and certificate

- 154 357. Absconding from justice act of bankruptcy

155

CHAPTER XLVI.

TRIAL OF INDICTABLE OFFENCES. 358. Arraignment

- 156 359. What defendant may require before pleading

157 360. Time to plead

- 157 361. Pleas in abatement and other special pleas. Motions to quash the indictment

- 157 362. If the prisoner pleads not guilty, jury to be sworn - 158 363. Challenges to the array

- 158 364. If no challenge to array panel to be called

- 159 365. Challenges

- 159 366. Giving in charge

- 160 367. The case for the prosecution

- 160 368. Examination of the defendant

- 161 369. Case for the defendant

. 162 370. Reply

- 162 371. . Notice to be given of evidence to the opposite side . 162 372. Court may direct the attendance of witnesses

- 162 373. Admissions not to be taken on trial of indictable offences 163 374. Summing up

- 163 375. Jury to consider their verdict

- 163 376. How if the jury cannot agree

- 163

SECT.

A.D. 1878.

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377. Verdict

may be general or special.--Effect
378. Verdict of not guilty
379. Motion in arrest of judgment on verdict of guilty
380. Motion in arrest of execution
381. Adjournments
382. When jury may be discharged
383. Presence of the defendant
384. View
385. Proceedings on Sunday
386. Insane defendants
387. Stay of proceedings

PAGE
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- 166
- 166
- 166
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- 167

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CHAPTER XLVII.

APPEAL.

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388. Court of appeal

- 167 389. Record

- 168 390. Special entries on the record at instance of defendant - 168 391. Special entry by court

- 168 392. Appeals. Cases reserved

169 393. Application for a new trial

- 170 394. Intermediate effects of appeal

. 171

CHAPTER XLVIII.

PLEADING IN CRIMINAL CASES.
395. Indictments to be drawn according to this Act - - 173
396. Form of indictments

- 173
397. Legal effect of finding a true bill

174 398. Variances

- 175 399. Of amendments in the indictment

175 400. How parties to offences may be indicted

- 175 401. When more persons than one may be jointly indicted - 176 402. When an indictment is to be divided into separate counts 176 403. Joinder of counts and proceedings thereon

- 177
404. Charge of previous conviction

- 177.
405. Where a defendant may be convicted of an offence diffe-
rent from the one charged in the indictment -

178
106. How if evidence proves a more serious offence

178 107. What objections may be taken to an indictment and when

179 408. Special pleas

- 179 409. Special verdicts

- 181

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A.D. 1878. SECT.

410. Time for presenting indictment in certain cases
411. Venue
412. Application of provisions of chapter

PAGE

181 - 182 - 182

CHAPTER XLIX.

Costs. REWARDS. RESTITUTION.

413. Secretary of State may make regulations as to amount
of costs

- 182 414. Costs ordered to be paid by county treasurer

182 415. Costs may be ordered to be paid to prosecutor in all cases

183 416. Costs of defendants' witnesses

- 184 417. Costs where order for change of place of trial

184 418. When defendant may be ordered to pay costs

185 419. When prosecutor may be ordered to pay costs

185 420. Costs of conveying defendant to gaol

186 421. Rewards and compensation

187 422. Restitution of property

- 187 423. Compensation to person injured

188 424. Criminal courts to have same power to issue process to

compel payment of costs and judgment debt as
High Court -

· 188 425. Repeal of Acts

188 SCHEDULE OF FORMS. SCHEDULE OF ENACTMENTS REPEALED.

A

B I L L

TO

Establish a Code of Indictable Offences and the Procedure A.D. 1878.

relating thereto.

E it enacted by the Queen's most Excellent Majesty, by and

with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

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This Act may be cited for all purposes as the Criminal Code (Indictable Offences), 1878.

SECTION 2.

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Those parts of this Act, for the local application of which no 20 special provision is herein-after made, and which relate to any

matter other than procedure, shall extend

(a.) To all acts done by any person in England, or upon or in any part of the sea contained within the body of any English

county, or upon or in any part of the sea adjacent to the coast of 25 England and within one marine league of any part of the coast

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