Section 150
Section 150
(no section).
Addresses 151.
(1)
In preliminary inquiries under this Chapter -
(a)
the officer or other person conducting the prosecution need not open his case but may forthwith produce his evidence;
(b)
when the evidence for the prosecution has been taken the accused may make such comments thereon as he thinks necessary;
(c)
if the accused elects to make his defence before the
Magistrate, he may after the examination of his witnesses sum up his case.
(2)
If the accused addresses the Court in accordance with subsection (l)(b) or (c), the officer or other person conducting the prosecution shall have the right to reply.
Committal for trial without consideration of evidence 151A. (1) A Magistrate holding a preliminary inquiry into an alleged offence with a view to the committal of any person for trial by the High
Court may, notwithstanding the other provisions of Chapter XVII, if satisfied that all the evidence before the Court (whether for the prosecution or the defence) consists of written statements tendered to him under section 15 lB, commit the accused person for trial for the offence without consideration of the contents of those statements, subject to subsection (2).
(2)
The accused person may request the Magistrate to consider a submission that the statements disclose insufficient evidence to put the
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a accused person on trial for the offence, in which case the Magistrate, if he agrees with the submission after hearing the officer conducting the prosecution, shall discharge the accused person.
Written statements in lieu of depositions 151B. (1) In any preliminary inquiry, a written statement made by any person shall, if the conditions mentioned in subsection (2) are satisfied, be admissible to the same extent as oral evidence and to the same effect given a by that person would be admissible under the Evidence Act (Chapter 108).
(2)
The conditions are that -
(a)
the statement purports to be signed by the person who made it;
(21)
the statement contains a declaration by that person that it is true to the best of his knowledge and belief;
(c)
not less than 7 days before the statement is tendered in evidence, a copy of it is given, by or on behalf of the party proposing to tender it, to each of the other parties to the proceedings; and
(d)
none of the other parties, before the statement is tendered in evidence at the preliminary inquiry objects to its being so tendered under this section.
(3)
Notwithstanding that a written statement made by any person may be admissible in a preliminary inquiry by virtue of this section, the
Magistrate by whom the preliminary inquiry is held may, of his own motion or on the application of any party to the proceedings, require that person to attend before him and give evidence.
•
(4)
So much of any statement as is admitted in evidence by virtue of this section shall, unless the Magistrate for reasons to be recorded by him otherwise directs, be read aloud in Court at the preliminary inquiry by the party tendering it or his representative, or by an official of the Court, as the
Magistrate may direct.
(5)
Any document or object referred to as an exhibit and a identified in a written statement tendered in evidence under this section shall
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(6)
So much any statement as is admitted in evidence by virtue of this section shall, if the conditions mentioned in section 33 of the Evidence
Act (Chapter 108) are satisfied, be deemed to be evidence given in a judicial proceedings for the purposes of that section.
(7)
Subject to the provisions of sections 15 1A and 15 lB, the provisions of Chapter XVII apply, with any necessary exceptions, qualifications or modifications, to any preliminary inquiry to which the provisions of sections 1 5 1 A and 15 1 B apply.
(8)
The Magistrate may exercise the powers conferred upon him by section 145 in respect of any person whose statement has been admitted in evidence by virtue of this section as if that person had appeared before him as a witness in the preliminary inquiry, and for that purpose may summon the maker of the statement to appear before him at any time before the trial of the person or persons committed, and may issue a warrant for the arrest of the maker of the statement if he fails to appear in answer to any such summons.