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s 133

Remand to another place

In force
Part 5Proceedings in case of indictable offences
Division 9Examination of witnesses in another court district

133 Remand to another place

(1)

If, in any such case as is referred to in section 132, the evidence is not, in the opinion of the justices, sufficient on which to commit the defendant to be tried, or for sentence, for any indictable offence or, if the justices elect to proceed in accordance with the provisions of this section notwithstanding the sufficiency of the evidence, the justices may adjourn the hearing—

(a)

to the place where the offence is alleged to have been committed; or

(b)

to a place where any of the witnesses to be examined are; or

(c)

to a place convenient to a place mentioned in paragraph (a) or (b).

(2)

When justices have adjourned a hearing pursuant to the provisions of this section they may—

(a)

by warrant order the defendant to be taken before justices at the place to which the hearing has been adjourned; or

(b)

grant the defendant bail.

(3)

When a warrant is issued pursuant to subsection (2), the justices shall deliver the complaint, or a copy thereof and every deposition, statement and undertaking as to bail taken and given in relation to the proceeding to the police officer who first has custody of the warrant to be delivered by the police officer or any other police officer to the justices before whom the hearing is resumed at the place to which the hearing has been adjourned.

(4)

When the defendant is granted bail pursuant to subsection (2), the justices shall deliver the complaint, or a copy thereof, and every deposition, statement and undertaking as to bail taken and given in relation to the proceedings to the clerk of the court at the place where they conducted the examination of witnesses in relation to an indictable offence to be by the clerk of the court transmitted by post to the justices before whom the hearing is to be resumed at the place to which the hearing has been adjourned.

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