2016
No.2
(b)
by the repeal of subsection (3) and the substitution of"(3) Where a judge or magistrate has admitted a person to
bail. and an appeal is noted by the Prosecutor-General or public
prosecutor under subsection ( 1), the decision to admit to bail remains
in force unless, on the application of the Prosecutor-General or public
prosecutor. the judge or magistrate is satisfied that there is a reasonable
possibility that the interests or justice may be defeated hy the rdease
of the accused on bail before the decision on appeal, in \\ hich event
the judge or magistrate may suspend his or her decision to admit the
person to hail and order the continued detention of the person for a
specified period or until the appeal is determined, whichever is the
shorter period.";
(c)
30
in subsection (6) by the deletion of "Subsections (2) to (6) of section one
hundred and sixteen" and the substitution of "Subsections 117 (2) to (6) ".
Amendment of section 127 of Cap. 9:07
Section 127 ("Person on bail may be arrested without warrant if about to abscond
or interfere with witness'') of the principal Act is amended-
31
(a)
in subsection (I) hy the insertion after ''possible" of". and in any event
within forty-eight hours of the arrest,";
(b)
in subsection (2) hy the deletion of "forthwith" and the substitution of
"at the time of the arrest".
Amendment of section 136 of Cap. 9:07
Section 136 ("Charge in High Court to be laid in indictment") of the principal
A.ct is amended by the repeal of subsection (2) and the substitution of-"(2) Where the prosecution is at the public instance, the indictment shall be in
the name of the Prosecutor-General and shall be signed by the Prosecutor-General
or by a member oft he !\ational Prosecuting Authority authorised by him or her.".
32
Repeal of section 154 of Cap. 9:07
Section 154. of the principal Act is repealed.
33
Amendment of section 157 of Cap. 9:07
Section 157 ("Allegation of intent to defraud sufficient without alleging whom it
is intended to defraud") of the principal Act is amended in subsection ( 1) by the repeal
of paragraphs (a) and (b) and the substitution of the following paragraph''(a) forgery or fraud; or".
34
New section inserted in Cap. 9:07
The principal Act is amended by the insertion after section 163 of the following
section"163A
Accused in magistrates court to be informed of section
191 rights
( 1) At the commencement of any trial in a magistrates court,
before the accused is called upon to plead to the summons or charge, the
accused shall be informed by the magistrate of his or her right in terms
of section 191 to legal or other representation in terms of that section.
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