No.2
2016
(2) The magistrate shall record the fact that the accused has been
given the information referred to in subsection (1), and the accused's
res ponsc to it.".
35
New section inserted in Cap. 9:07
The principal Act is amended by the insertion after section 167 of the following
section--
"16lA
Unreasonable delay in bringing accused to trial
(I) A court bef(He which criminal proceedings arc pending shall
investigate any delay in the completion of the proceedings which appears
tothecourtto be unreasonable and whichcouldcausesubstantial prejudice
to the prosecution, to the accused or his or her legal representati\·e, to a
witness or other person concerned in the proceedings, or to the public
interest.
(2) In considering whether any delay is umeasonahle for the
purposes of subsection (I), the court shall consider all the circumstances
of the case and in particular the following-
(a)
the extent of the delay;
(b)
the reasons advanced for the delay;
(c)
whether any person can be blamed for the delay;
(d)
whether the accused has raised such objections to the dela)
as he or she might reasonably have been expected to have
raised;
(e)
the seriousness, extent or complexity oft he charge or charges;
(f)
any actual or potential prejudice which the delay may
have caused to the State, to the accused or his or her legal
representative or to any other person concerned in the
proceedings;
(g)
the effect of the delay on the administration of justice;
(h)
the adverse effect on the interests of the public or the Yictims
in the event of the prosecution being stopped or discontinued.
(3) If after an investigation in terms of suhscction (I) the court
finds that(a)
the completion of the proceedings is being unduly delayed;
or
(b)
there has heen an unreasonable delay in bringing the accused
to tria I or in completing the trial;
the court may issue such order as it considers appropriate in order to
eliminate the delay and any prejudice arising from it or to prevent further
delay or prejudice, including an order(i)
refusing further postponement of the proceedings;
(ii)
granting a postponement subject to such conditions as
the court may determine;
(iii)
that the prosecution or the accused for the offence he
permanently stayed;
(iv)
that the matter be referred to the appropriate authority
for an administrative im'estigation and possible
54
Select target paragraph3
Add to table of contents