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Bill tabled in Parliament…

Aug 09, 2008 News

No lawyer, no trial

In an attempt to provide justice for all, new legislation tabled in the National Assembly seeks to ensure that a magistrate shall not commit an accused person for trial for an offence where the accused is not represented by an attorney-at-law.

This will be made possible through successful passage of the Criminal Law (Procedure) (Amendment) Bill 2008 that was tabled by Home Affairs Minister.

The legislation also stipulates that the magistrate conducting a preliminary inquiry into an indictable offence may admit, as evidence on the part of the prosecutor, any statements, documents, writings and other articles tendered to the court in the absence of the witness, and cause them to be inventorised and labelled, or otherwise marked as exhibits.

It adds also that if the magistrate is of opinion that a sufficient case is made out to put the accused person upon trial for any indictable offence on consideration of the statements, documents, writings and other articles admitted as evidence on the part of the prosecutor, he may commit the accused person for trial for the offence.

According to the explanatory memorandum, the new piece of legislation seeks to empower the magistrate holding a preliminary inquiry to admit as evidence on the part of the prosecutor any statements, documents, writings and other articles tendered to the court in the absence of the witness.

It further provides for committing the accused person, upon his trial for an indictable offence, if the magistrate is of opinion that a sufficient case is made out on consideration of the statements, documents, writings and other articles, or discharging him if the magistrate is of opinion that no sufficient case is made out. The procedure outlined may also be referred to as a paper committal.

Two purposes, according to the legislation, can be fulfilled by paper committal using or written statements, instead of oral testimony alone.

The statements may be employed as a means of making the committal procedure more efficient, for the witness’s need to attend and recite his evidence is obviated and the court’s time is saved.

This leaves the court’s function substantially unaltered, as the magistrate must still consider the evidence and determine whether it warrants committal. Also, as the legislation permits, the use of written statements can remove from the court the task of examining the sufficiency of the evidence, and thus create a mechanism which in effect replaces the committal hearing.

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