Committal for trial after consideration of evidence by written statements only

(1) An examining magistrate, having ascertained that the accused or his legal representative wishes the court to consider a submission that there is insufficient evidence to put the accused on trial for the offence or offences with which he is charged, shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered. (2) After such opening address, if any, the examining magistrate shall cause evidence to be tendered in accordance with sections 35, 36, 37, 38, 39, 40, 41 and 42, that is to say by being read out loud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence. (3) The evidence tendered by the prosecution at the inquiry shall be in the form of documentary evidence only and it shall not be necessary to call any witnesses, and if any witnesses are called they shall not be cross-examined. (4) The examining magistrate may review any exhibits produced before the court and may take possession of them. (5) After the evidence has been tendered by the prosecutor, the examining magistrate shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial for any indictable offence, but the accused shall not be entitled to give any evidence on his own behalf at the inquiry or to call any witnesses. 32 (6) The examining magistrate shall permit the prosecutor to make a submission in reply to any submission made by the accused in pursuance of sub-section (5). (7) After hearing submissions from both sides the examining magistrate shall– (a) commit the accused for trial at the next practicable session of the Supreme Court for the district in which the inquiry is held, if he is of the opinion that there is sufficient evidence to put the accused on trial for the offence or offences with which he is charged or for any other indictable offence which is disclosed in the evidence tendered to the court; (b) discharge the accused if the examining magistrate is not of the said opinion, and the accused is in custody for no other cause than the offence under (8) In every case where the examining magistrate decides to commit the accused for trial, he shall– (a) cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel, shall read the charge to him and explain it in ordinary language; (b) give the accused the warning as to alibi in accordance with section 44; and (c) make all ancillary and consequential orders for the attendance of the accused and the witnesses at the