CRIMINAL PROCEDURE AND EVIDENCE ACT
(a) where the Prosecutor-General has given a direction in terms of subparagraph (i) or (ii)
of paragraph (a) of that section, comply with that direction; or
(b) where the Prosecutor-General has given a direction in terms of subparagraph (iii) of
paragraph (a) of that section, grant a warrant committing the accused to prison, there to
be detained till brought to trial before the court of a regional magistrate or till admitted
to bail or liberated in due course of law; or
(c) where the Prosecutor-General has given a direction in terms of subparagraph (i) of
paragraph (b) of that section—
(i) grant a warrant committing the person convicted to prison, there to be detained
till brought before a judge for sentence or till admitted to bail or liberated in due
course of law; and
(ii) forthwith transmit the record of the proceedings, together with his reasons for
convicting the person concerned, to the registrar of the High Court;
or
(d) where the Prosecutor-General has given a direction in terms of subparagraph (ii) of
paragraph (b) of that section, cause the person convicted to be brought before him and
pass sentence upon that person.
[Section amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
227 Powers of judge in respect of case transferred to High Court for sentence
(1) Upon receipt of the documents mentioned in subparagraph (ii) of paragraph (c) of section
two hundred and twenty-six, the registrar of the High Court shall with all convenient speed lay
them before a judge in chambers and, if the judge considers the proceedings to be in accordance
with real and substantial justice, he shall cause the accused to be brought before him in open
court, on a date and at a place to be notified by the registrar to the accused and to the Prosecutor-General, to receive sentence in respect of the offence of which he was convicted by the
magistrate or such other offence as the judge, in the exercise of the powers conferred upon him
by section (2), has substituted for such first-mentioned offence.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
(2) The judge may in respect of the proceedings exercise such of the powers conferred upon
the High Court by subsections (1) and (2) of section 29 of the High Court Act [Chapter 7:06],
as may be appropriate.
228 Sentence by judge
When an accused is brought before a judge in terms of subsection (1) of section two hundred
and twenty-seven, he shall not be called upon to plead to the charge but shall be dealt with as if
he had been convicted by the High Court of the offence concerned.
PART XIV
WITNESSES AND EVIDENCE IN CRIMINAL PROCEEDINGS
A. Securing attendance of witnesses
229 Process for securing attendance of witnesses
(1) In this section—
“prescribed officer” means the registrar, assistant registrar or clerk of the court or any officer
prescribed by rules of court.
(2) Either party desiring to compel the attendance of any person to give evidence or to produce any books, papers or documents in any criminal case may take out of the office prescribed
by rules of court the process of the court for that purpose.
(3) When the accused desires to have any witnesses subpoenaed and satisfies the prescribed
officer of the court that—
(a) he is unable to pay the necessary costs and fees; and
(b) such witnesses are necessary and material for his defence;
the prescribed officer of the court shall subpoena such witnesses.
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