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Section history

Section 210 — Transmission of case to General Division of High Court

Consolidated view is experimental and may be broken for certain provisions.

Amendments
210.Transmission of case to General Division of High Court
Subsection (1) — Original text to 17 September 2018superseded

(1)Whenever the Public Prosecutor is of the opinion that there is sufficient evidence to afford a foundation for a full and proper trial, he shall, by fiat in writing signed by himself, designate the High Court to try —

(a)an offence specified in the Third Schedule; or

(b)the offences referred to in section 175(4) for which an accused may be tried at the same trial in the High Court.

Subsection (1) — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

(1)Where the Public Prosecutor is of the opinion that an offence must or ought to be tried in the General Division of the High Court, the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try the offence.

(2)Upon receipt of the fiat referred tomentioned in subsection (1) together with the charge, the Magistrate’s Court shallmust cause the charge to be read and explained to the accused and thereafter —

(a)transmit the case to the General Division of the High Court for the purpose of trial; and

(b)order that the accused shall be remanded in custody until and during the trial, unless hethe accused is released on bail.

(3)To avoid doubt, a Magistrate’s Court can continue to exercise powers under Division 5 of Part VI6 in relation to a case that has been transmitted under subsection (2) to the General Division of the High Court for the purpose of trial.