Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 405Re-examination of witnesses or examination of new witnesses upon demand of Attorney General.
Sub-title II
(1) The court shall, after ordering that the Attorney General be granted access by electronic means to the record of the inquiry and to all the exhibits in the case, after ordering the committal of the accused for trial, and before the filing of the bill of indictment, upon the demand in writing of the Attorney General, further examine any witness previously heard or examine any new witness.
(2) The Attorney General shall, for such purpose, transmit to the court the demand, stating therein the subject on which the examination or re-examination is to take place.
(3) The witnesses shall be examined or re-examined in the presence of the accused in order that he may have the opportunity of cross-examining them, and, for such purpose, the court shall order the accused, if in custody, to be brought up, and, if not in custody, to be summoned to appear before it.
(4) If the accused fails to appear to the summons, the witness shall be examined and his deposition shall be considered as if it had been taken in the presence of the accused.
(5) The provisions of the preceding sub-articles shall apply in the case of witnesses whom the accused may wish to examine or re-
examine. In such case, the demand shall be communicated to the
Attorney General. The court shall then cause the Attorney General or the Commissioner of Police to be notified of the day appointed for the hearing of the witnesses in order that they or any other officer under their charge may if they so desire, appear and cross-examine the witnesses.
(6) Access by electronic means to the depositions of witnesses taken under this article shall, without delay, be transmitted to the
Attorney General.
(7) When the demand for the examination of witnesses is made by the person charged, the term for the filing of the indictment shall commence to run from the day on which access by electronic means to the scanned record of the inquiry, together with access by electronic means to the depositions of the witnesses so examined, shall be re-
transmitted to the Attorney General.
(8) The court shall proceed to take any other action or measure relating to the inquiry as may be demanded in writing by the Attorney General.
Änderungsgeschichte
- Amended by IV.2023.6