JUSTICES ACT 1902 - SECT 39 Documents to be transmitted for trial

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 39

39 Documents to be transmitted for trial

(1) Where a person is committed for trial the committing Justice or Justices shall, as soon as possible after the conclusion of the case, transmit to the proper office the information (if any), the depositions of the witnesses, the certificate mentioned in section 36 of the Criminal Procedure Act 1986 (if any), the statement of the defendant, and if the defendant is released on bail, his or her bail undertaking, the instrument by which any bail conditions were imposed on the grant of bail and any agreement or acknowledgment entered into or made pursuant to any such condition.

(2) The appropriate officer shall, after such transmission and before the day of trial, have the same duties and be subject to the same liabilities in respect of the said several documents upon a certiorari directed to the appropriate officer or upon a rule or order directed to the appropriate officer in lieu of that writ as the Justice or Justices would have had and been subject to, upon a certiorari to the Justice or Justices if such documents had not been so transmitted.

(3) The appropriate officer shall at any time after the opening of the Court, at the sittings at which the trial is to be had, deliver the said several documents, or any of them, to the proper officer of the Court, if and when the Judge presiding thereat so directs.

(4) A copy of the said several documents transmitted to the appropriate officer shall, subject to and in accordance with the regulations, be transmitted by the officer to the Director of Public Prosecutions.

(5) In this section, "appropriate officer", in relation to a person committed for trial to:

(a) the Supreme Court--means the registrar of the Criminal Division of the Supreme Court,

(b) the District Court--means the registrar of the District Court for the nearest proclaimed place,

or such officer as may be prescribed by the regulations.