Criminal Code Act 1907

DIVISION I
GENERAL PROVISIONS RE LATING TO CRIMINAL LAW

PART I
INTRODUCTORY

Citation and arrangement
of Act

1 Citation

2 Arrangement of Act [omitted]

Interpretation and
construction

3 Interpretation

4 Construction of "on conviction on indict ment"

5 Construction of "on summary conviction", etc

6 Carnal knowledge

7 Arrest without warrant

8 Construction of Acts

Saving for other Acts,
the Royal Prerogative etc

9 Saving for other Acts

10 Saving for Royal Pre rogative

11 Savings for powers of Supreme Court with respect to contempt of court

PART II
CLASSIFICATION OF OF FENCES:
APPLICATION OF CRIMINAL LAW: PARTIES TO OFFENCES: ATTEMPTS ETC TO COMMIT OFFENCES

Constitution and
classification of offences

12 Definition of offence

13 Jurisdiction in respect of various offences

14 Classification of un classified indictable offences constituted by other Acts

Application of criminal law

15 Application of general provisions of this Act

16 Application of this Act to offences committed in Bermuda

17 Restriction on liability to trial and punish ment in Bermuda for indictable offences

18 Effect of changes in law

19 Trial in certain cases of homicide

20 Offences procured or counselled by persons out of Bermuda

21 Offences procured in Bermuda to be com mitted out of Bermuda

22 Offender may be pros ecuted under this Act or some other Act

23 Persons not to be twice punished for same offence

24 Former conviction or acquittal

Relation of civil actions
to criminal law

25 Civil remedies

26 Effect of conviction in respect of offence re lating to property on civil proceedings etc

Parties to offences

27 Principal offenders

28 Offences committed in prosecution of com mon purpose

29 Mode of execution immaterial

30 Accessories after the fact

Attempts and incitements to commit offences

31 Elements of attempt to commit offence

32 Attempt to commit of fence

33 Attempt to procure etc commission of offence

PART III
CRIMINAL RESPONSIBILITY

34 Application of Part III

35 Ignorance of law no excuse

36 Accident etc

37 Motive

38 Mistake of fact

39 Extraordinary emer gencies

40 Presumption of sanity

41 Insanity

42 Intoxication

43 Intention in relation to intoxication

44 Immature age

45 Judicial officers

46 Acts done in execution etc of provision of law

47 Acts done in resis tance to violence

48 Acts done for purpose of self-preservation

49 Compulsion of hus band

50 No conspiracy between husband and wife alone

51 Criminal responsibility of husband and wife for acts done by either with respect to the other's property

52 Offences by partners and members of com panies with respect to partnership or corpo rate property

PART IV
METHODS OF DEALING WITH OFFENDERS: EFFECT OF UN DERGOING PUNISHMENT ETC

53 Kind of punishments

54 Construction of statutory provisions relating to punish ments

55 Punishment of death

56 Calculation etc of terms of imprisonment and preventive deten tion

56A Suspended sentences of imprisonment

56B Power of court on con viction of further of fence to deal with sus pended sentence

56C Court by which sus pended sentence is to be dealt with

56D Discovery of further offences

56E Interpretation for pur poses of sections 56A to 56D

57 Effect of escape on punishment

58 Preventive detention of persistent offenders

59 Restriction on inflic tion of punishment of whipping

60 Sentences of whipping

61 Powers of Supreme Court in relation to fines and estreated recognizances

62 Recovery of fines and estreated recog nizances

63 Absolute and condi tional discharge of of fenders

64 Binding over without proceeding to convict

65 Probation orders

66 Appointment selection etc of probation offi cers; and functions of the Director of Social Services with respect to the probation and supervision of offend ers

67 Discharge and amendment of proba tion orders

68 Breach of requirement of probation order

69 Commission of further offence during period of conditional dis charge or probation period

70 Supplementary provi sions as to discharge and probation of of fenders

71 Exception of probation orders etc made by Family Courts from provisions of this Act

71A Power to make com munity service order

71B Obligations of person subject to community service order

71C Breach of requirement of community service order

71D Amendment and revo cation of community service order, and substitution of other sentence

71E Sentencing of danger ous offender

72 Police supervision of persistent offenders

73 Effect of pardon

74 Effect of endurance of punishment for of fence not capital

75 Effect of summary conviction for in dictable offences

PART V
GENERAL PUNISHMENTS

76 Punishment for felony where no special pun ishment provided

77 Punishment for at tempt to commit felony where no spe cial punishment pro vided

78 Punishment for at tempt to commit mis demeanour where no special punishment provided

79 Punishment for at tempt to commit summary offence

80 Punishment for being accessory after the fact to felony

81 Punishment for being accessory after the fact to misdemeanour

DIVISION II
OFFENCES AGAINST PUBLIC AUTHORITY AND PUBLIC POLICY

PART VI
TREASON, MUTINY AND SEDI TION

82 Treason

83 Accessory after the fact to treason

84 Concealment of trea son

85 Treasonable felonies

86 Two witnesses neces sary

87 Overt act

103 Rioters demolishing buildings etc

104 Rioters injuring buildings, machinery etc

105 Going armed in public so as to cause terror

106 Forcible entry on land

107 Forcible detainer of land

108 Affray

109 Challenge to fight a duel

110 Prize fight

111 Official corruption

112 Extortion by public of ficers

113 False claims by public officers

114 Administering extra judicial oaths

115 Definition of judicial proceeding

116 Judicial corruption

117 Official corruption not judicial but relating to offences

118 Corrupting or threat ening jurors

119 Perjury

120 Punishment of per jury; evidence

121 Summary committal for trial in connection with perjury appearing to have been commit ted before Supreme Court

122 False statements ten dered in evidence

123 Fabricating evidence

124 Contradictory state ments with intent to mislead

125 Corruption of wit nesses; preventing witnesses from at tending court etc

125A Intimidating a witness an offence

125B Insulting a witness an offence

126 Destroying evidence

127 Conspiring to bring false accusation

128 Conspiring to defeat justice

129 Compounding felony

130 Advertising a reward for the return of stolen property

131 Delaying taking of prisoner arrested be fore Justice

132 Effecting a public mis chief

133 [repealed]

134 Attempting to pervert course of justice

135 Rescue from lawful custody

136 Escaping from lawful custody

137 Aiding escape from lawful custody

138 Police officer wilfully permitting escape

139 Police officer negli gently permitting es cape

140 Harbouring escaped prisoners

141 Making false state-ment under oath or solemn declaration

142 Making false declara tions and statements

143 Obstructing officers of courts

144 Resisting etc public officers

145 False information to person employed in the public service

146 Refusal by public offi cers to perform duty

147 Neglect by public offi cers to suppress riot; neglecting to aid in suppressing riot

148 Neglecting to aid in ar resting offenders

149 Disobeying Act or Act of Parliament of United Kingdom

150 Disobeying lawful or der issued by consti tuted authority

151 Interfering with politi cal liberty

152 Disturbing religious worship

153 Common nuisances

154 Keeping brothel etc

155 Keeping common gaming house

156 Acting as keeper of brothel or gaming house

PART VIII
PIRACY

157 Definition of piracy in general

158 Further definition of pirates

159 Punishment of piracy

160 Attempted piracy with personal violence

161 Aiding pirates

162 Hijacking aircraft

PART IX
OFFENCES RELATING TO THE COIN

163 Interpretation of Part IX

164 Counterfeiting gold and silver coin

165 Preparation for coun terfeiting gold and sil ver coin

166 Clipping

167 Possession of clippings

168 Uttering counterfeit gold or silver coin

169 Repeated uttering of counterfeit gold or sil ver coin, or possession of several such coins

170 Counterfeiting copper coin

171 Uttering etc base cop per coin

172 Defacing coin

173 Uttering foreign coin, medals etc as coin with intent to defraud

174 Exporting counterfeit coin

175 Possessing counterfeit foreign coin

176 Tendering defaced coin

PART X
OFFENCES AGAINST MORAL ITY

177 Unnatural offences and attempts to com mit unnatural offences

178 Unnatural offences with animals; at tempts

179 Commission etc of acts of gross inde cency between male persons

180 Carnal knowledge of girl under 14 years of age; attempts; alter native convictions of other offences

181 Unlawful carnal knowledge of girl be tween 14 and 16 years of age; attempts

182 Householder permit ting unlawful carnal knowledge of young girl on his premises

182A Sexual exploitation of young person

182B Sexual exploitation of young person by a person in a position of trust

183 Intercourse with de fective

184 Procuration; attempts

185 Procuring unlawful carnal connection of women or girl by threats, or fraud, or by administering drugs; attempts

186 Living on earnings of prostitution

187 Exercising control over woman or girl with a view to her prostitu tion

188 Abduction of girl un der eighteen with in tent to have carnal knowledge

189 Conspiring to induce permission to have carnal knowledge

190 Age and consent in certain cases

191 Incest by male person; attempts; alternative convictions of other offences

192 Incest by woman

193 Test of relationship

194 Administering drugs etc with intent to pro cure miscarriage

195 Attempt by woman to procure own miscar riage

196 Supplying drugs or in struments to procure miscarriage

196A Medical termination of pregnancy

196B Notice by Chief Medi cal Officer to inform him whether certifi cate authorizing ter mination of pregnancy has been issued

196C Prohibition against disclosure of informa tion

196D Interpretation for the purposes of sections 196A to 196C

197 Doing indecent acts in public or with intent to offend etc

198 Acts of indecency in volving children

199 Acts intruding upon the privacy of women or girls

200 Indecent show etc

200A Racial harassment

200B Racial Intimidation

PART XI
OFFENCES RELATING TO MARRIAGE AND TO PARENTAL RIGHTS AND DUTIES

201 Bigamy

202 Abducting girl under 16 years of age

203 Taking away etc child under 14 years of age

204 Deserting child under 14 years of age

PART XII
DEFAMATION

205 Interpretation and construction of Part XII

206 Questions of fact and law with respect to defamation

207 Publication of defam atory matter prima fa cie unlawful

208 Absolute protection; proceedings in courts of justice and at in quiries

209 Absolute protection; reports of official in quiries

210 Protection: reports of

212 Protection: truth

213 Qualified protection: excuse

214 Unlawfully publishing defamatory matter

215 Publishing or threat ening to publish defamatory matter with intent to extort property etc

216 Defence in case of defamation by words, sounds, signs, signals or gestures

217 Liability of proprietor, publisher and editor of periodical

218 Protection of innocent seller of periodicals, books etc

219 Protection of employ ers

220 Proof of knowledge

221 Proof of good faith

222 Prosecution of news papers to be by sanc tion of a judge after notice

PART XIII
OFFENCES RELATING TO THE POSSESSION AND USE OF EXPLOSIVES ETC

223 Preparation to commit offences with explo sives etc

224 Endangering life etc by explosives

225 Causing bodily injury by explosion

226 Placing explosive sub stance with intent to harm

227 Placing explosive sub stance with intent to destroy or damage property

228 Making and posses sion of petrol bombs etc

229 Use of petrol bombs etc

PART XIV
CONSPIRACY

230 Conspiring to commit offence

231 Conspiring to commit offence outside Bermuda

232 Other conspiracies

DIVISION III
OFFENCES AGAINST THE PERSON

PART XV
PROVISIONS OF LAW RELAT ING TO VIOLENCE TO THE PERSON AND TO THE PRESERVATION OF HUMAN LIFE

Preliminary

233 Interpretation of Part XV

General declaration regarding assaults

234 Assaults unlawful

Authorization of assault in exe cution of process

235 Authorization of per son executing sen tence, process etc

236 Erroneous sentence or process or warrant

237 Sentence, process or warrant without juris diction

238 Arrest of wrong person

239 Execution of irregular process or warrant

240 Use of force in exe cuting process or ar rest

241 Duty of persons exe cuting process or war rant with respect to production etc

Use of force in connection with arrest

242 Use of force by police officer in preventing escape from arrest

243 Use of force by person other than police offi cer in preventing es cape from arrest

244 Use of force in pre venting escape or res cue after arrest

Examination of persons in cus tody

245 Examination of person of accused person in custody

Prevention of breaches of the peace

246 Preventing breach of the peace

Suppression of riot

247 Suppression of riot

248 Suppression of riot by justice or police officer

249 Suppression of riot by person acting under order of justice

250 Suppression of riot by person subject to mil itary law or police offi cer acting under or ders of superior officer

251 Suppression of riot by person acting without order in case of emer gency

Prevention of commission of of fences etc

252 Prevention of offences for which an offender may be arrested with out warrant; and of vi olence by person of unsound mind

253 Defence of dwelling-house

Provisions of law relating to provocation

254 Provocation

255 Defence of provocation

256 Prevention of repeti tion of insult

Provisions of law relating
to self-defence

257 Self-defence against unprovoked assault

258 Self-defence against provoked assault

259 Aiding in self-defence

Defence of property

260 Defence of moveable property against tres passer

261 Defence of moveable property under claim of right

262 Defence of moveable property without claim of right

263 Defence of premises against trespassers; removal of disorderly persons

264 Defence of possession of real property or ves sel under claim of right

265 Exercise of right of way or easement

Maintenance of discipline

266 Domestic and school discipline

267 Discipline of ship

Surgical operations

268 Surgical operations

Criminal responsibility for use of force

269 Use of excessive force

270 Consent to death im material

Duty to provide necessaries

271 Duty to provide neces saries

272 Duty of head of family to provide necessaries for children

273 Duty of masters to provide food for ser vants

Duty to take care in respect of dangerous acts

274 Duty of persons un dertaking medical treatment and doing dangerous acts

275 Duty of persons in charge of dangerous things

276 Duty to do certain acts where omission dan gerous

276A Causing death by reckless or dangerous driving of a power craft

276B Causing injury or damage by power craft

PART XVI
HOMICIDE, SUICIDE AND OF FENCES RELATING TO CHILDBIRTH

General provisions relating to homicide

277 Killing of a human being unlawful

278 Time at which child becomes a person ca pable of being killed

279 Definition of killing

280 Death by act etc done at childbirth

281 Causing death by threats

282 Acceleration of death

283 Immaterial that injury might have been avoided

284 Injury causing death in consequence of subsequent treatment

285 Limitation as to time of death

Offences constituted by homi cide

286 Offences constituted by unlawful homicide

286A Constitution of offence of premeditated mur der and punishment therefor

286B Premeditation

Murder

287 Constitution of offence of murder

288 Punishment of mur der; alternative verdict

289 Attempted murder

290 Threatening to murder

291 Conspiracy to murder

292 Becoming accessory after the fact to mur der

Manslaughter

293 Constitution of offence of manslaughter

294 Manslaughter by neg ligence etc

295 Killing on provocation

296 Killing by use of ex cessive force where some force is lawful

297 Suicide pacts

297A Diminished responsi bility

298 Punishment of manslaughter; alter native convictions of other offences

Infanticide

299 Infanticide: alternative convictions of other offences

Offences relating to suicide

300 Aiding suicide of an other

Child destruction

301 Child destruction

Concealment of birth

302 Concealment of birth of child

PART XVII
OFFENCES ENDANGERING LIFE OR HEALTH: ASSAULTS

Assaults endangering life or health

303 Disabling in order to commit indictable of fence

304 Stupefying in order to commit an indictable offence

305 Wounding etc with intent to do grievous bodily harm etc

306 Doing grievous bodily harm etc

307 Preventing escape from shipwreck

308 Administering poison with intent to harm

Serious assaults

309 Assault occasioning bodily harm

310 Assault on police offi cer, customs officer etc

311 Serious assaults

312 Assault on person protecting wreck etc

313 Assault in interference with freedom of trade or work

Common assault

314 Common assault

Carrying offensive weapons

315 Prohibition of the car rying of offensive weapons without lawful authority or reasonable excuse

Prohibited weapons

315A Order by Governor declaring prohibited weapons

315B Offences in respect of prohibited weapons

Failure to supply necessaries
of life

316 Failure to supply nec essaries

317 Endangering life or health of servants or apprentices

Abandonment and exposure of children

318 Endangering life of child under 2 years of age

Setting man-traps

319 Setting man-traps etc

Reckless etc driving
of vehicles

320 Reckless etc driving of vehicle

Offences affecting liberty

321 Deprivation of liberty

322 Intimidation

PART XVIII
SEXUAL ASSAULTS

323 Sexual assault

324 Sexual assault by person with AIDS, etc.

325 Serious sexual assault

326 Aggravated sexual assault

327 Corroboration not required

328 Rules about recent complaint abrogated

329 Evidence of complainant's sexual activity

329A Reputation evidence

329B Spouse may be charged

329C Restrictions on publicity in relation to trial of sexual offences

DIVISION IV
OFFENCES RELATING TO PROPERTY AND CONTRACTS

PART XIX
STEALING, EXTORTION, BREAKING BUILDINGS AND COGNATE OFFENCES

General provisions of law relat ing to stealing

330 Interpretation of Part XIX

331 Things capable of be ing stolen

332 Constitution of offence of stealing

333 Wild animals

334 Saving for factors and agents

335 Taking of food by ser vant to feed animal

336 Funds etc held under direction

337 Funds etc received by agents for sale

338 Money received for other persons

339 Stealing by persons having an interest in the thing stolen

340 Husband and wife

Stealing

341 Punishment for steal ing

342 Alternative convictions of other offences upon charge of stealing

343 Summary trial of cer tain indictable of fences

Stealing with violence

344 Constitution of offence of robbery

345 Punishment of robbery

346 Punishment of assault with intent to rob

Stealing and putting in fear

347 Stealing in dwelling-house and putting person in fear

Demanding property with men aces

348 Demanding property with menaces with intent to steal

349 Demanding property by written threats

350 Attempts at extortion by threats

351 Procuring execution of deeds etc by threats

Breaking and entering buildings

352 Meaning of "break", "enter" and "breaking and entering"

353 Specified offences for purposes of punish ment of certain of fences

354 Entering etc dwelling-house with intent to commit felony

355 Housebreaking; bur glary

356 Breaking buildings etc and committing felony

357 Breaking buildings etc with intent to commit felony

358 Breaking place of wor ship

359 Being found armed etc with intent to break and enter buildings etc

Trespass in and around dwelling-houses

360 Trespass in dwelling-house

361 Prowling etc about dwelling-houses

362 Prosecution for other offence on same facts

Acts preparatory to stealing

363 Killing animals with intent to steal skin or carcass

364 Severing or damaging plants etc with intent to steal

Taking away motor cars
without consent

365 Taking away motor car without consent of owner etc

Fraudulent appropriation
of electricity

366 Fraudulent abstrac tion of electricity

Fraudulent disposition of mort gaged goods

367 Fraudulent disposition of mortgaged goods

PART XX
OBTAINING PROPERTY BY FALSE PRETENCES: RECEIV ING PROPERTY UNLAWFULLY OBTAINED: UNLAWFUL POS SESSION OF PROPERTY: AND LIKE OFFENCES

Obtaining property by false pre tences; cheating; and like of fences

368 Definition of false pretence

369 Obtaining property by false pretences; alter native convictions of other offences

370 Obtaining credit by false pretence or fraud

371 Obtaining execution of security by false pre tences

Cheating

372 Cheating; alternative convictions of other offences

Receiving property unlawfully obtained

373 Constitution etc of of fence of receiving property unlawfully obtained

374 Punishment etc with respect to receiving property unlawfully obtained

375 Bringing stolen goods into Bermuda

376 Dishonest misuse of telegraph etc

377 Taking reward for re covery of property ob tained by means of offence

Concealing documents, title etc

378 Concealing registers

379 Concealing records of legal documents

380 Concealing wills

381 Concealing deeds af fording evidence of ti tle to land

382 Concealing title on sale or mortgage of property

Offences relating to Government stores

383 Using Her Majesty's marks on property without authority

384 Obliterating etc Her Majesty's marks on property

385 Receiving, etc naval stores without au thority

386 Possessing naval stores without au thority

387 Dredging etc for naval stores

Offences relating to possession etc of seaman's property

388 Detaining etc sea man's property

Offences relating to
shipwrecked goods

389 Unlawful possession of shipwrecked goods

390 Offering shipwrecked goods for sale

Unlawful possession of trees etc

391 Unlawful possession of trees etc

PART XXI
CORRUPTION: FRAUD: FALSE ACCOUNTING: AND OF FENCES RELATING TO BANKRUPTCY

392 Corrupt practices

393 Conspiring to defraud

394 Fraudulent disposal of trust property by trustee

395 Frauds by officials of corporations and companies

396 False statements by officials of corpora tions and companies

397 Fraudulent false ac counting by clerk or servant

398 False accounting by public officers

399 Personating owner of portion of public debt

400 [repealed by 1989:58]

401 [repealed by 1989:58]

402 [repealed by 1989:58]

403 [repealed by 1989:58]

404 Fraudulent induce ment to invest or de posit

405 Penalty for fraudu lently inducing per sons to invest money

PART XXII
FORGERY

406 Interpretation of Part XXII

407 Definition of false documents and coun terfeit seals

408 Elements of forgery

409 Punishment of forgery

410 Uttering false docu ments and counterfeit seals

411 Uttering cancelled or exhausted documents

412 Uttering cancelled stamps etc

413 Procuring execution of documents by false pretences

414 Obliterating crossings on cheques, postal or ders and money or ders; uttering

415 Making documents without authority; ut tering

416 Procuring delivery of property etc upon forged testamentary instrument

417 Purchasing forged bank note

418 Falsifying registers etc, relating to public debt etc

419 Falsifying registers

420 Making false state ments in connection with entries in regis ters of births or deaths

421 Making false state ments in connection with registers kept by the Registrar-General

422 Doing acts etc preparatory to forging of documents etc

423 Doing acts etc preparatory to coun terfeiting stamps

PART XXIII
DAMAGE TO PROPERTY

424 Interpretation of Part XXIII

425 Criminal responsibility for acts which cause injury to property

426 Arson; attempts

427 Arson of building etc, person being therein

428 Setting fire to crops and growing plants; attempts

429 Setting fire to vessels; attempts

430 Arson of vessel, with intent to cause death etc

431 Casting away etc ves sel with intent to cause death etc

432 Casting away vessels etc

433 Damaging vessels, with intent to destroy

434 Interfering with ma rine signals

435 Damaging bridges etc

436 Damaging etc bound ary marks with intent to defraud

437 Destroying or damag ing will

438 Destroying or damag ing deeds

439 Destroying or damag ing registers

440 Destroying or damag ing public records

441 Killing and injuring etc animals

442 Destroying or damag ing works of art etc

443 Destroying or damag ing trees and shrubs

444 Destroying or damag ing plants

445 Destroying or damag ing fruit etc, in garden etc

446 Destroying or damag ing vegetable products

447 Destroying or damag ing walls, fences etc

448 Destroying or damag ing property in cases not otherwise provided for

DIVISION V
PROCEDURE IN CRIMINAL CAUSES AND MATTERS

PART XXIV
JURISDICTION; ARREST; SEIZURE OF PROPERTY; AND PRELIMINARY PROCEEDINGS

449 Jurisdiction

450 Power to require of fence triable summar ily or on indictment to be treated as in dictable offence

451 Power of Supreme Court to make rules prescribing forms

452 Limitation of time for commencing summary prosecutions

453 Power to arrest with out warrant in cases of treason and felony

454 Arrest without warrant generally

455 Arrest without warrant in special cases

456 Arrest of persons found committing of fences

457 Arrest of person found committing indictable offence by night

458 Arrest during escape after commission of offence

459 Power of police officer to stop and search persons, etc

460 Arrest of persons of fering for sale property unlawfully acquired

461 Duties with respect to detention and disposal of persons arrested

461A Right of arrested per son to silence and to obtain legal advice

461B Rights of arrested per sons held in custody

462 Grant of bail by police officers

463 Taking of finger prints

464 Issue and execution of search warrant

465 Seizure of property found on offenders on arrest

466 Seizure of counterfeit coin

467 Detention and dis posal of property seized

468 Use of vessel or vehicle in connection with seizure of explosive substance

469 Limitations of civil and criminal proceedings arising out of arrest or seizure of goods

470 Preliminary proceed ings on charges of in dictable offences

471 Admission to bail etc of person committed for trial

472 Power to increase bail and to order sufficient sureties

473 Arrest of persons on bail about, to leave Bermuda

474 Arrest of person for breach of condition of bail

475 Copies of depositions

476 Disclosure of names of jurors to persons charged with treason etc

PART XXV
INDICTMENTS

477 Form of indictment

478 General rules applying to contents of indict ment

479 Rules relating to con tents of particular in dictments

480 Joinder of charges in indictments

481 Joinder of charges against accessories

482 Joinder of charges connected with com mission of one offence

483 Joinder of charges with respect to steal ing and receiving

484 Statement of previous conviction in indict ment

485 Preferment of indict ment

486 Power to issue bench warrant

487 Nolle prosequi

488 Formal defects in in dictment

489 Amendment of indict ment

490 Delivery of particulars of matters alleged in indictment

491 Application of sections 477 to 490 to sum mary prosecutions

492 Alternative conviction upon indictment charging offence in volving circumstances of aggravation

493 Alternative conviction upon indictment charging offence in volving specific result

494 Alternative conviction upon indictment for procuring commission of offence

495 Alternative conviction for attempt to commit offence

496 Alternative conviction where part of charge proved

497 Effect of alternative conviction

498 Indictments for steal ing and receiving stolen property

499 Indictments for joint receiving

PART XXVI
TRIAL OF OFFENDERS

500 Persons committed for trial to be tried within a reasonable time

501 Adjournment of trial

502 Delivery of copy of in dictment

503 Commencement of trial; arraignment

504 Motion of quash in dictment

505 Misnomer

506 Pleas

507 Plea of autrefois con vict or acquit

508 Defence of truth of defamatory matter

509 Standing mute

510 Plea to the jurisdiction of the court

511 Demurrer

512 Trial by jury of issues raised

513 Further pleas and trial of issues

514 Want of understand ing of accused person

515 Separate trials

516 Qualifications and summoning of jurors

517 Duty to inform ac cused person of right of challenge

518 Drawing of juries and selection of special ju ries

519 Challenge of jurors

520 Time for challenging

521 Power of court to order all male jury

522 Swearing etc of jury

523 Election of foreman

524 Discharge of juror for cause subsequent to oath

525 Effect of death or dis charge of juror during trial

526 Presence of accused person at trial

527 Right of accused per son to be represented by counsel

528 Evidence in defence

529 Cross-examination by coaccused

530 Speeches by counsel

531 View by jury

532 Separation of jury

533 Incapacity of judge

534 Summing up by judge

535 Power of Supreme Court to discharge jury

536 Verdict

537 Validity of verdict re turned on public holi day

538 Effect of service of nonqualified juror

539 Procedure on charge of an offence committed after previous convic tion

540 Power of Supreme Court to make rules regulating proceedings on trial of indictable offences

541 Procedure in summary proceedings

542 Power to clear court while child is giving evidence in certain criminal proceedings

542A Measures to protect the complainant etc. in certain circumstances

543 Power to clear court during taking of evi dence in particular cases

PART XXVIA
EVIDENCE ON COMMISSION

543A Order appointing commissioner

543B Application made to a Judge only granted if it is in the interest of justice

543C Matters to be included in order

543D Admissibility of evi dence taken by a commissioner

543E Rules and practice same as in civil pro ceedings

PART XXVII
JUDGMENT; COSTS; AND RESTITUTION OF PROPERTY

544 Discharge of persons acquitted

545 Accused person in sane at trial

546 Acquittal on ground of insanity

547 Convicted person to be called on to show cause why sentence should not be passed

548 Arrest of judgment

549 Sentence

550 Recording sentence of death

551 Requirements prior to imposing sentence of preventive detention

552 Evidence and notice prior to imposing sentence of preventive detention or to order ing police supervision

553 Provisions relating to sentence on pregnant woman convicted of offence punishable with death

554 Orders relating to custody of girl under 16 years of age in volved in sexual case

555 Payment of costs by private prosecutor

556 Taxation and enforce ment of payment of costs

557

Bermuda Consolidated Legislation

Criminal Code Act 1907