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General discretionary powers of magistrate with regard to mode of holding preliminary inquiry and other general matters

Cap. 96, s. 32 · Revised Edition 2020

(1) The examining magistrate may in his discretion– (a) adjourn the hearing of the inquiry from time to time and remand the accused person, if required, until the next date fixed for the inquiry; (b) order that no person other than the officers of the summary jurisdiction court, the persons engaged in the prosecution, and the accused person, and his attorney-at-law, if any, shall have access to or remain in the room or building in which the inquiry is being held, which shall not be deemed to be an open court, if it appears to him that the ends of justice will be best served by so doing; and (c) regulate the course of the inquiry in any way appearing to him desirable and not inconsistent with this Act or any other law for the time being in force. 30 (2) A preliminary inquiry shall be held in the presence of the accused unless– (a) the accused so conducts himself as to render the continuance of the proceedings in his presence impracticable and the magistrate has ordered him to be removed; or (b) the accused is unable to be present for reasons of health but is represented by counsel and has consented to the preliminary inquiry being held or continued in his absence. (3) At least fourteen days before the commencement of the preliminary inquiry the prosecutor shall give to the examining magistrate as well as to the accused, as far as practicable, copies of all written statements and depositions which the prosecutor wishes to tender in evidence at the inquiry.

Amended by: 18 of 1998; 18 of 1998

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General discretionary powers of magistrate with regard to mode of holding preliminary inquiry and other general matters — Cap. 96 s. 32 · Belize Law