Emergency (Essential Powers) Act |
Essential (Criminal Trials) Regulations |
Rg 2 |
REVISED EDITION 1990 |
(25th March 1992) |
[18th September 1964] |
Citation |
1. These Regulations may be cited as the Essential (Criminal Trials) Regulations. |
Definitions |
2. In these Regulations, unless the context otherwise requires —
|
Ordinary procedure to apply subject to variation effected by Regulations |
3. These Regulations shall have effect notwithstanding anything to the contrary in any written law; but, except in so far as the same may be varied by these Regulations or by any other regulations made under the Act, the ordinary practice and procedure of the courts, as applicable where the case is tried or the appeal heard, as the case may be, shall apply to emergency procedure cases tried under these Regulations. |
Certifying of case as an emergency procedure case |
4. Where a person is charged with any offence against any written law (whether committed before or after 18th September 1964) and the Public Prosecutor certifies in writing that the case is a proper one for trial under these Regulations, the case shall be tried by a Judge and disposed of in accordance with the provisions of these Regulations, as set out in the First Schedule. |
No preliminary inquiry in emergency procedure cases |
When persons may be tried jointly |
6. Notwithstanding anything in section 171 of the Criminal Procedure Code [Cap. 68] or any other written law when —
|
List of witnesses for defence |
7.—(1) When the accused has been committed for trial under regulation 5, the Magistrate shall require him to give orally or in writing a list of the names and so far as practicable the addresses of the persons, if any, whom he wishes to be summoned to give evidence at his trial, whether such persons have given evidence before the Magistrate or not, and shall record that he has so done.
|
Bail |
8. Bail shall not be granted to an accused person committed for trial under this regulation unless —
|
Record, depositions, etc., to be forwarded |
9. Upon committal of the accused for trial in an emergency procedure case, the record of the proceedings (including, in any case where a preliminary inquiry has been commenced, any depositions taken and any exhibits produced) shall be forwarded to the Registrar to be dealt with and used, so far as may be, in accordance with the ordinary practice and procedure of the courts. |
Date for trial |
10. When an emergency procedure case has been committed for trial as aforesaid, the Registrar shall forthwith fix a date for the trial of the case. |
Names of witnesses and substance of their evidence to be supplied to accused |
11. In every emergency procedure case the prosecution shall, not less than two clear days before the date fixed for the trial of the case, furnish to the accused person or his advocate and solicitor, if any, a list of the names and addresses of all persons whom it is intended to call as witnesses for the prosecution at the trial together with a note containing the substance of the evidence which such witnesses will give. |
Notice of appeal |
12.—(1) Where, in any emergency procedure case, the accused is convicted, it shall be the duty of the Judge, immediately after passing sentence, to ask the convicted person if he wishes to appeal against his conviction or sentence or both, and a note of the reply to such question shall be entered in, and form part of, the record:
|
Assignment of counsel |
13. The Registrar shall, in respect of any person charged in any emergency procedure case with an offence punishable with death and in respect of a person appealing against a conviction or sentence, or both, for such an offence in respect of which he has been sentenced to death, assign an advocate and solicitor to act for such person, unless that person has retained an advocate and solicitor to act for him. |
Attendance of appellant at appeals |
14. On any such an appeal, if an advocate and solicitor has been retained or assigned to act for an appellant, it shall not be necessary for the appellant to attend personally on the hearing of the appeal, unless the Court of Criminal Appeal shall otherwise direct. |
Admissibility of statements and inspection of bankers books |
15. Sections 76 and 77 of, and the Second Schedule to, the Internal Security Act [Cap. 143], shall, during the continuance in force of these Regulations, have effect as if the offence, the subject of the emergency procedure case, had been specified in that Schedule. |
Current Acts and Subsidiary Legislation | |
Current Acts | |
Current Subsidiary Legislation | |
All Collections | |
Acts Supplement | |
Bills Supplement | |
Subsidiary Legislation Supplement | |
Revised Editions of Acts | |
Revised Editions of Subsidiary Legislation |