← belizelaw.ai · Indictable Procedure, Cap. 96 · PART III — Preliminary Inquiry into Crimes

Director of Public Prosecutions may order a change of venue in the case of a preliminary inquiry

Cap. 96, s. 27 · Revised Edition 2020

(1) Where in the opinion of the Director of Public Prosecutions, it is, by reason of any difficulty of communication or some matter of convenience to either party, expedient that a preliminary inquiry should be held by a magistrate of a district other than the magistrate of the district having jurisdiction in the matter, he may by order under his hand transfer the holding of the preliminary inquiry to the magistrate of such other district. (2) The Director of Public Prosecutions on the making of an order as aforesaid shall cause the order to be sent to the magistrate of the district to whom the preliminary inquiry is transferred and a copy to the magistrate from whom it is transferred. (3) On receipt of the order, the first-mentioned magistrate shall have full power and jurisdiction to proceed and hold the inquiry, and shall have and may exercise the same powers, authorities and jurisdiction as if the case were one within the limits of his jurisdiction. (4) The last-mentioned magistrate on receipt of the copy of the order shall order the accused person to be taken by a police officer before the magistrate to whom the holding of the inquiry is transferred and shall give a warrant for that purpose to any police officer and shall deliver to the police officer the information, depositions and recognisances, if any, taken in the cause, to be 27 delivered to the magistrate before whom the accused person is to be taken, and the information, depositions and recognisances shall be treated to all intents as if they had been taken by such magistrate. (5) If the examining magistrate commits the accused person for trial, he shall commit him to the court to which he would have been liable to be committed by the magistrate from whom the holding of the preliminary inquiry has been transferred. Division 3 Irregularity, Witnesses, and Proceedings at Preliminary Inquiry
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