PART VCRIMINAL JURISDICTION AND PROCEDURE

Preliminary inquiry into indictable offences

Documents to be furnished to court and served on accused32

1

If the prosecution intends to request the court to conduct a preliminary inquiry the prosecution shall—

a

furnish a written notice of that intention together with copies of the documents mentioned in sub-paragraph (b) to the clerk of petty sessions F2...; and

b

cause a copy of that notice together with the following documents, that is to say—

i

a statement of the complaint made against him;

ii

a statement of the evidence of each witness upon whose evidence the complaint is based;

iii

a list of exhibits, if any, to be produced or referred to by the witness referred to in head (ii) together with—

F1aa

in the case of a written exhibit, a copy of that exhibit or a notice of the time and place when that exhibit may be examined by the accused or his solicitor or any witness whom the accused may wish to call at his trial to give evidence relating to it; and

bb

in the case of any other exhibit, a notice of the time and place when that exhibit may be examined as mentioned in paragraph (aa);

to be served on the accused, or if there is more than one accused person upon each such person, a reasonable time before the day fixed for the conduct of the preliminary inquiry.

2

The accused shall have the right to inspect every exhibit, either by himself or in consultation with his solicitor or any witness whom the accused may wish to call at his trial.

3

The prosecution may withdraw the request for, and the accused may object to, the conducting of a preliminary inquiry at any time up to the commencement of such inquiry.

4

If, when the accused appears before the court and the charge is read to him according to law,—

a

the court is not satisfied that the accused understands the effect of proceeding by way of preliminary inquiry; or

b

the court is satisfied that in all the circumstances the accused has not had sufficient notice of any evidence to be tendered at the preliminary inquiry; or

c

the documents mentioned in paragraph (1) (b) have not been served on the accused,

the court shall remand the accused in accordance with Article 47.