Shittu

•Continued from last week

PART 11 on ‘Control of Criminal Proceedings by the Attorney-General’is concerned with “Discontinuance of criminal cases and Withdrawals from prosecution in trials and inquiries before a court.”

PART 12 on ‘Institution of Proceedings’deals with “different methods of instituting criminal proceedings, mode of instituting criminal proceedings in a magistrate court and returns by Comptroller-General of Prisons.”

PART 13 on the subject matter of ‘First Information Report’deals with “Procedure for receiving complaint and first information report.”

PART 14 covering ‘Enforcing Appearance of Suspect’is concerned with “Compelling appearance of a suspect. Summons and warrants, Making of complaint and issue of process.”

PART 15 providing for ‘Issue, Form and Service of Summons’deals with”Issue and service, Issue of summons and contents, Hearing by consent before return date of summons, Summons with immediate return date in special circumstances, Discretion in ex parte application, Summons to be in duplicate, Service of summons, Normal methods of effecting service, Service where person summoned cannot be found, Service on public officers, Service outside jurisdiction of court, Proof of service when serving officer not present, Receipt of service of summons, Person refusing to sign receipt may be arrested, Proof of service, Summons disobeyed, warrant may be issued, Issue of warrant for suspect in the first instance, Application of sections 35 to 47 to such warrant, Warrant may be issued before or after return date of summons, Power to dispense with personal attendance of defendant in certain cases.”

PART 16 on ‘Miscellaneous Provisions Regarding Process’isconcerned with”Irregularity in summons, warrant, service, or arrest, Irregularities which vitiate proceedings, Variance between charge and complaint, Process valid notwithstanding death or vacation of office of person issuing.”

PART 17 on the subject matter of ‘Saving of Validity Of Process’ deals with “Validity of process: warrant of commitment and warrant of distress, General addressee of process for issue and execution, Certain provisions applicable to all summonses and warrants in criminal matters.”

PART 18 on ‘Search Warrants’is concerned with “Application for search warrant, Cases in which search warrants may be issued, Discharge of suspected person, Search warrant to be signed by Magistrate or Justice of the Peace, Search warrant to whom directed, Time when search warrant may be issued and executed, Person in charge of closed place to allow access, Occupant of place searched may attend, Execution of search warrant outside jurisdiction, Magistrate may direct search in his presence, Detention of articles recovered, Perishable articles may be disposed of by court, Search for and disposal of gunpowder, Disposal of counterfeit currency and certain other thing, Transmission to court of other State.”

PART 19 covering ‘Bail and Recognizance: Generally’is concerned with “General entitlement to bail, Power of court to order person in custody to be brought before it, Recognizance by parent or guardian of a child, Bail where a suspect is charged with capital offence, Bail where a defendant is charged with offence exceeding three years imprisonment, Bail where a defendant is charged with offence not exceeding three years imprisonment, Bail in respect of matters in other offences, Conditions for bail, Recognizance in respect of a child, Sureties, Judge may vary bail fixed by Magistrate or police, Reconsideration of bail, Before whom recognizance may be executed, Release on execution of recognizance, Mode of entering into recognizance, Continuous bail, Defendant bound by recognizance to appear before acourt or police may be committed to prison, Reconsideration of amount of bail on application by law officer or police, Variation of a recognizance if surety unsuitable, Discharge of sureties, Order of fresh security upon original order, Forfeiture of recognizance, Mitigation of forfeiture, Where defendant fails to find surety, Forfeiture on conviction, Where recognizance forfeited warrant may be issued, Arrest on failure to appear, Payment on recognizance, Appeal, Registration of bondsperson, Bondspersons may arrest absconding defendant or suspect.”

PART 20 on ‘Property and Persons’covers “Methods of stating multiple ownership of property, Description of persons in criminal process, Remedies of married woman against her husband and others in respect of her person or property, Husband and wife competent as witnesses.”

PART 21 ‘On the Charge’deals with “Forms of charges in Second Schedule to be used and adapted, Offence to be stated in charge, Legal presumption of charge, Particulars in charge, Charge of criminal breach of trust, Charge of criminal falsification of accounts, Charge may contain the manner in which the offence was committed, Sense of words used in charge, Description of property and joint owners, Description of bank or currency notes, Provision as to statutory offences, Description of persons, Description of document, General rule as to description, Statement of intent, Defendants who may be charged jointly, Separate charges for distinct offences, Attempt same as substantive offences, Trial for more than one offence, Offences falling within two definitions, Acts constituting one offence but constituting a different offence when combined, Where it is doubtful which offence has been committed, Incidental offences in the same transaction.”

PART 22 on ‘Alteration or Amendment of Charges’ covers “Alteration and amendment of charge by permission of court, Procedure on alteration of charge, When court may proceed with trial immediately after altering, adding to or framing charge, Recall of witnesses when charge is revised, Effect of error, Objection to a charge and Effect of material error.”

PART 23 on ‘Conviction When Charged With One Of Several Offences Or Of Another Offence’deals with “Where defendant charged with one offence may be convicted of another, Full offence charged, attempt proved, Attempt charged, full offence proved, Liability as to further prosecution, On charge of an offence conviction as accessory after the fact to that or connected offence may follow, Defendant tried for lesser offence but a higher offence is proved, Conviction of kindred offences relating to property, Defendant charged with burglary may be convicted of kindred offence, On charge of rape conviction under defilement, incest, unnatural or indecent assault may follow, Procedure for trial on charge for certain offences, On charge of defilement conviction of indecent assault may follow, Where murder or infanticide is charged and concealment of birth is proved, Where murder is charged and infanticide is proved, Where offence proved is not included in offence charged, Withdrawal of remaining charges on conviction on one of several charges.”

PART 24 on ‘Previous Acquittals or Conviction’covers “Defendant convicted or acquitted not to be tried again for same or kindred offence, a defendant may be tried again on separate charge in certain cases, Consequences supervening or not known at previous trial.”

PART 25 on ‘Witnesses: Compelling Attendance and Taking of Oath or Making of Affirmation’deals with”Issue of summons for witness, Service of summons and other processes on witnesses, Warrant for witness after summons, Issue of warrant for witness, Mode of dealing with witness arrested under warrant, Penalty on witnesses refusing to attend, Non-attendance of witness on adjourned hearing, Persons in court may be required to give evidence though not summoned, Manner of taking oath or affirmation, Witness refusing to be sworn, or produce documents.”

PART 26 on ‘Witnesses: Expenses’covers “Expenses of witnesses for the prosecution, Expenses of witnesses for the defence, Adjournment may be granted subject to witnesses’ costs, Ascertainment of witnesses’ expenses”.

PART 27 on ‘Examination of Witnesses’deals with “Application of the Evidence Act, Power to call or recall witnesses, Certificates of certain government technical officers, Right of reply, Public to have access to hearing, Court may exclude certain persons while taking evidence of a child or young person, Order under section 259 or 260 not to apply to press and certain others, Prohibition on children being present in court during the trial of other persons, Visit by court to locus, Determination of age, Age in

•Concluded

Send your press release/articles to: editor@thenigerialawyer.com, Click here Subscribe to our BBM Channel: C0022E965 Follow us on Twitter at @Nigerialawyers and Facebook at facebook.com/thenigerialawyerFor Advert Inquiries Tele/+2348058930770 E-mail: thenigerialawyers@gmail.com

supreme For Enquiries and Order, Please Call or SMS to +2347044444777 and +2348023186241

E-mail: dele@alexandernigeria.com or visit: www.alexandernigeria.com

Subscribe to Thenigerialawyer News!

NO COMMENTS

Leave a Reply