331. 326. Warrant if witness fail to appear, warrant in first instance 137 327. Witness refusing to be examined 328. Depositions to be read to witnesses 329. When depositions may be given in evidence 330. Copy of depositions Prosecutor and witnesses to be bound over to prosecute - 137 - 138 - 138 139 - 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 336. Search warrants - 142 - 143 337. CHAPTER XLIV. OF THE CUSTODY OF DEFENDANTS. Defendant to be committed, bailed, or discharged 338. When taking bail is and is not discretionary - 144 - 144 339. At what stages of the proceedings bail may be taken - 144 343. Bail of persons unable to procure bail on committal 344. Recognizances to be transmitted to court A.D. 1878. 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. 348. No one to be tried till he is accused 349. Who may send a bill before a grand jury - 149 350. On acquittal or throwing out of bill, defendant to have costs 351. What orders defendants may obtain before trial 150 151 - 152 361. Pleas in abatement and other special pleas. Motions to 362. quash the indictment If the prisoner pleads not guilty, jury to be sworn 363. Challenges to the array 364. If no challenge to array panel to be called 365. Challenges 366. Giving in charge - 160 371. Notice to be given of evidence to the opposite side - 162 - 162 373. Admissions not to be taken on trial of indictable offences 374. Summing up 375. Jury to consider their verdict SECT. 377. Verdict may be general or special.-Effect 379. Motion in arrest of judgment on verdict of guilty 390. Special entries on the record at instance of defendant - 168 - 168 - 169 - 170 - 176 401. When more persons than one may be jointly indicted 404. Charge of previous conviction - 177 177. - 178 - 178 405. Where a defendant may be convicted of an offence diffe- 406. How if evidence proves a more serious offence when 408. Special pleas 409. Special verdicts 179 - 179 - 181 413. Secretary of State may make regulations as to amount of costs 414. Costs ordered to be paid by county treasurer 415. Costs may be ordered to be paid to prosecutor in all cases 416. Costs of defendants' witnesses 417. Costs where order for change of place of trial 422. Restitution of property 423. Compensation to person injured 424. 182 182 183 Criminal courts to have same power to issue process to - 188 425. Repeal of Acts SCHEDULE OF FORMS. SCHEDULE OF ENACTMENTS REPEALED. - 188 A BILL ΤΟ Establish a Code of Indictable Offences and the Procedure A.D. 1878. relating thereto. BE 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: PART I. INTRODUCTORY PROVISIONS. CHAPTER I. APPLICATION OF THE ACT. SECTION 1. SHORT TITLE. This Act may be cited for all purposes as the Criminal Code (Indictable Offences), 1878. 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 |