Skip to content
In force2021 Revised Edition
Contents

Chapter X · Chapter X H

189. Transfer of cases

(1)

In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause any charge is one which in the opinion of such Magistrate ought to be tried by the High Court, the

Magistrate shall stay proceedingsin respect of such charge and transfer such charge to the High Court or if such charge relates to an offence in respect of which a preliminary inquiry requires to be held proceed under Chapter XVII with a view to the committal of the accused for trial by the High Court, and shall record the order upon the proceedings.

(2)

In any trial before a Magistrate in which at any stage of the proceedings it appears to the Public Prosecutor that from any cause any charge is one which ought to be tried by the High Court, the Public

Prosecutor may direct the Magistrate to stay proceedings in respect of such charge and to transfer such charge to the High Court or to proceed under

Chapter XVII with a view to the committal of the accused for trial by the

High Court and the Magistrate shall record the direction upon the proceedings and comply therewith.

Report