Procedure on charge of crime against a corporation

(1) Where a corporation is charged, whether alone or jointly with some other person, with a crime, the examining magistrate may, if he is of the opinion that the evidence offered on the part of the prosecution is sufficient to put the accused corporation upon trial, make an order committing the accused corporation for trial in the same manner and according to the same procedure as if the corporation were a natural person, Provided that where the crime is one which in the case of an adult may be dealt with summarily and the corporation does not appear before the examining magistrate by a representative or, if it does so appear, consents that the crime should be so dealt with the examining magistrate may deal with, the crime summarily. (2) Where any person is charged jointly with a corporation with any crime and either that person or the corporation by its representative does not consent that the crime should be dealt with summarily, the examining magistrate shall not have power to deal summarily with the crime in the case of the other offender. (3) In this section the expression “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose. (4) A representative for the purposes of this section need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person, by whatever name called, having, or being one of the persons having, the management of the affairs of 44 the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed. (5) Provision may be made by rules of court with respect to the service on any corporation charged with a crime of any document requiring to be served in connection with the proceedings. (6) The procedure prescribed in this section for committing a corporation for trial shall also apply mutatis mutandis where an unincorporated body or association is charged with a crime.