Indictable Offences Act 1929

[12 January 1929]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires —

"accused person" means a person in custody or on bail or against whom a summons or warrant has been issued who has committed or who is suspected of having committed an indictable offence;

"session day" means a day upon which the Supreme Court sits or is to sit in accordance with section 37 of the Supreme Court Act 1905 [title 8 item 1].

Information, summons and warrant

2 (1) Where a written information in Form A in the Schedule is laid before any Justice of the Peace that any person has committed, or is suspected of having committed, any indictable offence in Bermuda, or that any person guilty, or suspected of being guilty, of having committed any such offence out of the jurisdiction of the Supreme Court, but which is triable in the Supreme Court, is residing or being, or is suspected of residing or being in Bermuda, then, if such person is not in custody, the Justice may issue a warrant in Form B in the said Schedule to appre hend such person and to cause him to be brought before a Justice to an swer the information and further to be dealt with according to law.

(2) In all cases the Justice of the Peace before whom any such information is laid may, if he thinks fit, instead of issuing in the first in stance his warrant to apprehend such person, issue a summons in Form C in the Schedule directed to such person requiring him to appear before a magistrate, and if after being served with summons in the manner hereinafter mentioned such person fails to appear at such time and place, in obedience to the summons, then the magistrate may issue a warrant in Form D in the said Schedule to apprehend such person, and cause the person to be brought before him or some other magistrate, to answer to the said information, and further to be dealt with according to law.

(3) Nothing in the foregoing provisions of this section shall
have effect so as to prevent any magistrate from issuing the warrant herein before first mentioned at any time before or after the time mentioned in such summons.

Information for summons and warrant

3 (1) Where it is intended to issue a summons instead of a war rant in the first instance it shall not be necessary for the information to be in writing or sworn to, but in such case it may be by parol only and without oath to support it.

(2) Where it is intended to issue a warrant in the first instance an information in writing in Form A in the Schedule on the oath of the informant or of some witness in that behalf shall be laid before the Jus tice.

Defect not misleading

4 No objection to any information, summons or warrant for any alleged defect in substance or form nor for any variation between it and the evidence adduced for the prosecution before a magistrate under this Act shall be taken or allowed, unless it appears to the magistrate that the accused has been thereby deceived or misled, in which case the magistrate may, at the request of the accused person, adjourn the hear ing to some future day and in the meantime shall remand the accused person or admit him to bail.

Service of summons

5 (1) Every summons shall be served by a police officer on the person to whom it is directed by leaving a copy personally with him or, if he cannot conveniently be found, by leaving a copy with some person for him at his usual or last known place of abode.

(2) The police officer who served the summons shall attend be fore the Justice of the Peace to produce the original summons, and de pose, if necessary, to the service of the copy thereof.

Form and service of warrant

6 Every warrant issued under this Act —

(a) shall be under the hand and seal of the Justice of the Peace issuing the warrant and may be directed generally to all police officers;

(b) shall state shortly the offence in respect of which it was issued, and shall name or otherwise describe the of fender;

(c) shall remain in force until it is executed by the appre hension of the accused person in Bermuda, and shall not be returnable on any particular date; and

(d) may be issued and executed on a Sunday or other public holiday, as well as any other day.

Summons to witness

7 (1) If it is made to appear by the oath of any credible person that any person is likely to give material evidence for the prosecution or for the accused person, and will not voluntarily appear for the purpose of being examined, a magistrate shall issue a summons in Form E in the Schedule under his name and seal directed to such person.

(2) If any person so summoned neglects or refuses to appear at the time and place mentioned in the summons, then, after proof on oath of such summons having been served on such person in the manner hereinbefore mentioned, a magistrate may issue a warrant in Form F in the Schedule for the apprehension of such person and for his being brought before that magistrate or any other magistrate.

(3) If a magistrate is satisfied by evidence on oath that such person will not attend to give evidence unless compelled so to do, then the magistrate may in the first instance issue a warrant in Form G in the Schedule for the apprehension of such person and for his being brought before the magistrate or any other magistrate.

(4) If on the appearance of such person, or if any person, summoned as a witness (not being an accused person) is required by a magistrate to be examined and to testify as a witness on oath such per son refuses so to be examined and testify or take oath or, having taken such oath refuses to answer such questions concerning the charge against the accused person as are then put to him, any magistrate may by a warrant in Form H in the Schedule commit the person so refusing to prison for seven days, unless in the meantime he consents to be exam ined and to answer concerning the charge against the accused person.

(5) Without prejudice to anything in the Evidence Act 1905 [title 8 item 10], relating to the payment of persons giving professional evidence, a witness (other than an accused person) attending before a magistrate to give evidence in pursuance of this Act shall be entitled to receive out of the Consolidated Fund, upon the cer tificate of the magis trate, the sum of one dollar and eighty cents for each day's attendance as aforesaid:

Provided that the magistrate shall not be bound to issue a cer-
tificate as aforesaid in respect of any witness who has acted in the man ner described in subsections (2) or (4), or who has otherwise miscon ducted himself before the magistrate.

Place of examination deemed not to be an open court

8 The place in which a magistrate conducts the examination of witnesses on an information for an indictable offence shall not be deemed an open court; and the magistrate may in his discretion order that no person shall have access to or remain in such place without the consent of the magistrate if it appears to him that the ends of justice will be best served thereby.

Depositions; binding over witnesses

9 (1) In proceedings taken against an accused person before a magistrate under this Act in respect of a charge of an indictable offence the magistrate shall, as soon as may be after the examination of each witness for the prosecution has been concluded, read his deposition to the witness in the presence and hearing of the accused person, and shall cause the witness to sign the deposition and shall where appropriate, bind him over to attend the trial of the accused person.

(2) The magistrate shall attach to the depositions a certificate in Form I in the Schedule setting out the names of any witnesses bound over in accordance with the provisions of subsection (1); and no formal recognizance shall be necessary.

(3) If any witness refuses to enter into or acknowledge such recognizance the magistrate may by warrant in Form J in the Schedule commit him to prison there to be imprisoned and safely kept until after the trial of the accused person unless in the meantime such witness en ters into such recognizance.

(4) If afterwards the magistrate does not commit the accused person for trial or hold him to bail the magistrate may by an order in Form K in the Schedule addressed to the Commissioner of Prisons order the discharge of such witness.

(5) The accused person shall be entitled in any proceedings taken before a magistrate under this Act to cross-examine any witness who gives evidence for the prosecution or who is called by the magistrate.

Reading of charge; caution to accused person

10 (1) Immediately after the last witness for the prosecution has been bound over to attend the trial, the magistrate shall read the charge to the accused person and shall explain to him in ordinary language the nature of the charge, and shall inform him that he has the right to call witnesses, and, if he so desires, to give evidence on his own behalf.

(2) The magistrate shall then address to the accused person the following words or words to the like effect —

"Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial and I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, which may have been held out to you to make any admission or confes sion of your guilt, but whatever you now say may be given in evidence on your trial notwithstanding such promise or threat."

(3) Whatever the accused person says in answer to the charge shall be taken down in the manner set out in Form L in the Schedule and shall be read over to the accused person and signed by the magis trate and also, if he so desires, by the accused person, and shall be transmitted together with the depositions to the Registrar of the Supreme Court.

(4) On the trial of the accused person, his statement, whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement did not in fact sign it.

Evidence by accused person

11 (1) Immediately after complying with the requirements of sec tion 10 relating to the statement of the accused person, and whether the accused person has or has not made a statement, the magistrate shall ask the accused person whether he desires to give evi dence on his own behalf and whether he desires to call witnesses.

(2) If the accused person in answer to the question states that he wishes to give evidence but not to call witnesses, the magistrate shall forthwith take the evidence of the accused person, and after the conclu sion of the evidence for the accused person his counsel (if any) shall be heard on his behalf if he so desires.

(3) If the accused person, in answer to the question, states that he wishes to give evidence on his own behalf and to call witnesses, or to call witnesses only, the magistrate shall either forthwith, or, if a speech is to be made by the counsel (if any) of the accused person, then after the conclusion of that speech, take the evidence of the accused person, if he desires to give evidence himself, and of any witness called
by the accused person who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused per son.

(4) All statements made by the accused person and all evidence given by him or by any such witness as aforesaid shall be taken down in writing and shall be transmitted with the depositions to the Registrar.

Admissibility of admission, confession or other statement

12 Nothing in sec tions 10 or 11 shall be construed so as to prevent the prosecution from giving in evidence at the trial of the accused person any admission or confession or other statement of the accused person made at any time which is by law admissible as evidence against the ac cused person.

Remand in custody

13 (1) In any case where it is necessary or desirable —

(a) to defer the commencement of the examination of wit nesses for any time; or

(b) to defer the further examination of witnesses for any time,

then in the first case any Justice of the Peace, and in the second case a magistrate, may by a verbal order to any police officer remand the ac cused person to prison from time to time for any period not exceeding three days, and upon any such order being made the Commissioner of Prisons shall receive and have custody of the accused person accord ingly:

Provided that in either case a magistrate may by order in writing under his hand remand the accused person to prison from time to time for any period not exceeding fourteen days; and the Commissioner of Prisons, upon the delivery to him of any such order, shall receive and have custody of the accused person accordingly.

(2) The magistrate or, where the accused person has been re manded by a Justice of the Peace, then any Justice, may order the ac cused person to be brought before him at any time before the expiration of the time for which the accused person has been so remanded, and the person in charge of the accused person shall obey such order.

Bail while on remand

14 (1) Instead of detaining the accused person in custody during the period of remand the magistrate or, as the case may be, the Justice, may discharge him subject to such conditions as the magistrate or, as the case may be, the Justice, may determine upon his entering into a recognizance in Form M in the Schedule with or without a surety or sureties at the discretion of the magistrate or Justice, conditional for his appearance at the time and place appointed for the commencement or continuance of such examination, and shall give notice in Form N in the said Schedule to the accused person and to the sureties (if any).

(2) If the accused person does not appear at the time and place mentioned in such recognizance a magistrate upon certifying in Form O in the Schedule on the back of the recognizance such non-appearance, may transmit the recognizance to the Registrar to be proceeded upon as hereinafter mentioned in this Act, and such certificate shall, prima facie, be evidence of the non-appearance of the accused person, and a magis trate may issue a warrant in Form P in the Schedule to bring the ac cused person forthwith before him for the continuance of such examina tion and to be further dealt with according to law, or a warrant in Form Q in the Schedule to apprehend the accused person and to commit him to prison until he is again brought before a magistrate by a warrant in Form R in the Schedule for the commencement or for the contin uance of such examination and to be further dealt with according to law.

(3) The conditions upon which an accused person is admitted to bail under this section may include conditions appearing to the mag istrate or Justice to be likely to result in his appearance at the time and place required or to be necessary in the interests of justice or for the pre vention of crime.

(4) Notwithstanding anything contained in subsection (1), a magistrate or a Justice shall not discharge an accused person charged before him in any of the cases to which subsection (5) relates, unless he is satisfied that exceptional circumstances exist in relation to such per son.

(5) Subsection (4) applies to any case where a person —

(a) is charged with an offence under Part XVIII of the Crimi nal Code [title 8 item 31], and it is proved that such per son has been previously convicted of any such offence; or

(b) is charged with either the offence of premeditated mur der or murder; or

Evidence not sufficient; discharge

15 At the close of the prosecution or at the close of all the evidence, after taking into consideration the statement of the accused person and any evidence given by him or his witnesses, if the magistrate is of opin ion that the evidence is not sufficient to put the accused person on his trial for any indictable offence, then the magistrate shall forthwith order the accused person, if in custody, to be discharged as to the information un der enquiry.

Evidence sufficient; committal to prison or admission to bail

16 When all the evidence has been heard, if in the opinion of the magistrate such evidence is sufficient to put the accused person upon his trial for an indictable offence, then the magistrate shall by warrant in Form S in the Schedule commit him to prison until he is thence delivered in due course of law, or admit him to bail in the manner hereinafter mentioned.

Committal without consideration of evidence

17 (1) A magistrate in proceedings under this Act may, if satisfied that all the evidence before him (whether for the prosecution or the de fence) consists of written statements tendered to the court under section 19, with or without exhibits, commit the accused person for trial for the offence set out in the information without consideration of the contents of those statements, unless —

(a) an accused not represented by counsel, after being ad vised by the magistrate of the provisions of this section does not consent; or

(b) counsel for the accused person has requested the court to consider a submission that the statements disclose insufficient evidence to put that accused person on trial for an indictable offence.

(2) An accused person committed under this section shall in all respects be dealt with as though he had been committed under section 16.

Session day

18 Where a magistrate commits an accused person for trial he shall commit him to a session day of the Supreme Court —

(a) not earlier than fourteen days; or

(b) later than eight weeks,

from the date of his committal:

Provided that the accused person may be committed to a session day earlier than fourteen days from the date of his committal if both he and the prosecutor consent.

Evidence by written statement

19 (1) In proceedings on an information for an indictable offence a written statement shall, if the conditions mentioned in subsection (2) are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2) The conditions are as follows —

(a) the statement purports to be signed by the person who made it;

(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prose cution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c) before the statement is tendered in evidence, a copy of the statement is given, by or on behalf of the party proposing to tender it, to each of the other parties to the proceedings; and

(d) none of the other parties, before the statement is ten dered in evidence at the proceedings under this Act, ob jects to the statement being so rendered under this sec tion.

(3) The following provisions shall have effect in relation to any written statement tendered in evidence under this section —

(a) if the statement is made by a person under the age of twenty-one, it shall give his age;

(b) if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the state ment to the effect that it was so read;

(c) if it is made by a person who cannot understand the En glish language it shall be made in the language of the person making it, and there shall be attached thereto a translation by an interpreter and a declaration by that interpreter that he has well and truly interpreted the statement to the best of his ability; and

(d) if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under sub section (2)(c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party to whom it is given to in spect that document or a copy thereof,

(4) Notwithstanding that a written statement made by any per son may be admissible in proceedings under this Act by virtue of this section, the court before which the proceedings are held may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5) So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused person for trial by virtue of section 17 or the court otherwise directs, be read aloud at the hearing, and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

(6) Any document or object referred to as an exhibit and iden tified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(7) Section 29 shall apply to any written statement tendered in evidence under this section, as it applies to a deposition taken in accor dance with this Act, but in its application to any such statement that section shall have effect as though all the words following the words "without further proof thereof" were omitted and there were substituted therefor a full stop.

(8) In paragraph (i) of the proviso to section 485(2) of the Criminal Code [title 8 item 31] the reference to facts disclosed in any de position taken in pursuance of this Act in the presence of the person charged shall be construed as including a reference to facts disclosed in any written statement tendered in evidence under this section.

Evidence in support of alibi

20 (1) Upon committing any person for trial under this Act, the magistrate who conducted the examination of the witnesses shall, on ap plication by the prosecution, inform the accused person that, if he wishes at the trial to adduce evidence in support of an alibi he must within ten days give notice of particulars of the alibi in accordance with section 31 of the Evidence Act 1905 [title 8 item 10].

(2) Any magistrate who informs an accused person in accor dance with this section shall certify on Form V in the Schedule that he gave such infor mation and such certificate shall, until the contrary is proved, be proof that the accused person was so informed.

Bail while awaiting trial

21 (1) A magistrate may in his discretion and subject to such con ditions as he may determine, admit any accused person, except an ac cused charged with any offence under sections 82 to 92 inclusive of the Criminal Code [title 8 item 31] (treason and other offences against the Sovereign's authority), to bail, upon his procuring and producing such surety or sureties as in the opinion of the magistrate will be sufficient to ensure the appearance of the accused person upon the session day to which he has been committed and thereupon the magistrate shall take, in Form T in the Schedule, the recognizance of the accused person and his surety or sureties conditioned for the appear ance of the accused per son before the Supreme Court on the day at the time specified therein and that he will then surrender and take his trial and not depart the court without leave.

(2) Section 14(3) shall apply to the conditions of bail of an ac cused person under this section; and section 14(4) and (5) shall, where appropriate apply to limit the jurisdiction conferred by this section.

Bail may be increased

22 Where a magistrate having released a person on bail under this Act is satisfied that for any reason the amount of bail should be in creased or that the sureties are or have become insufficient, a warrant may be issued for the arrest of the person so released di recting that he be brought before a magistrate, and the magistrate before whom he is brought may increase the bail for a larger amount and order him to find sufficient sureties, and on his failing to do so, may commit him to prison.

Warrant of deliverance

23 In all cases where an accused person has been committed to prison for trial the magistrate may at any time before the commencement of the trial of the accused person admit him to bail in
the manner afore said, and in such case he shall send to the Commissioner of Prisons a warrant of deliverance in Form U in the Schedule requiring the discharge of the accused person if he is not detained in respect of any further of fence.

Arrest of person released on bail

24 (1) A police officer may arrest without a warrant any person who has been released on bail under this Act —

(a) if the police officer has reasonable grounds for believing that that person is likely to break the condition that he will appear at the time and place required or any other condition on which he was admitted to bail, or has rea sonable cause to suspect that that person is breaking or has broken any such other condition; or

(b) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the first-mentioned condition and that for that reason, the surety wishes to be relieved of his obligations as surety.

(2) A person arrested under subsection (1) shall be brought as soon as practicable before a magistrate, and the magistrate may, if of the opinion after hearing evidence on oath that that person has broken or is likely to break any condition on which he was admitted to bail, remand him in custody or commit him to prison, as the case may require or al ternatively release him on his original recognizance or on a new recog nizance with or without sureties; and if not of that opinion the magis trate shall release him on his original recognizance.

Corporations

25 (1) Where proceedings for an indictable offence are taken under this Act against a corporation the magistrate may, if in his opinion the evidence is sufficient to put the accused corporation on its trial, make an order accordingly, and, for the purposes of this Act and of the Criminal Code [title 8 item 31], the making of any such order shall be deemed to constitute a committal for trial of that corporation.

(2) A representative may on behalf of an accused corporation —

(a) make a statement before the magistrate in answer to the charge; or

(b) consent, or object to summary trial and claim trial by jury.

(3) Where a representative appears, any requirement of this Act that anything shall be done in the presence of the accused person, or shall be read or said to the accused person, shall be construed as a re quirement that that thing shall be done in the presence of the represen tative or read or said to the representative.

(4) Where a representative does not appear, any such require ment, and any requirement that the consent of an accused person shall be obtained for summary trial, shall not apply.

(5) When an indictment is preferred against a corporation, such corporation may appear and plead to the indictment by its repre sentative by entering a plea in writing; and if either the corporation does not appear by representative, or, though it does so appear, fails to enter as aforesaid any plea, the Court shall order a plea of not guilty to be en tered and the trial shall proceed as though the corporation had duly en tered a plea of not guilty.

Return of recognizances

26 (1) Three days at least before the day upon which the trial of an accused person is to commence the magistrate shall forward to the Reg istrar a list of persons under recognizance as prosecutor, witness or de fendant, and such list shall show the full Christian names or names and surname, the residence and the occupation (if any) of such person, and shall be under the hand and seal of the magistrate.

(2) In any case where written recognizances are required by law such recognizance shall accompany such list.

(3) If any recognizance is entered into within three days next before trial as aforesaid the list of persons under recognizance shall be forwarded by a magistrate to the Registrar forthwith.

Estreat by Supreme Court

27 (1) The Supreme Court, on motion by the Attorney-General, or on reading the affidavit of any person aggrieved, or otherwise at the dis cretion of the Court, on being satisfied that the condition of any rec ognizance forwarded to the Registrar has been broken may order that the recognizance be estreated and that execution issue immediately, or in such time as the Court may order against the chattels, lands and per sons of all persons whose recognizances have been estreated as afore said.

(2) On cause shown the Supreme Court may order the execu-
tion of such process to be stayed for such time and on such terms as the Court may prescribe.

Inquiry by Supreme Court

28 At any time within six months after any recognizance has been estreated, the Supreme Court, on motion by or on behalf of any person alleging himself to be thereby aggrieved, may, if the Court sees fit, in quire into all the circumstances of the case and hear the same by affi davit or otherwise as the Court may allow, and if it appear to the satis faction of the Court that the whole or any part of the penalty or forfeiture received or enforced ought under the circumstances of the case to be re stored to the person against whom such recognizance has been enforced the Court may order any officer of the Court in whose charge any such penalty or forfeiture may remain to repay all or any part of the penalty or forfeiture to such person and all costs and expenses attending the es treating, forfeiture and enforcement of such recognizance, either abso lutely or on such terms as the Court may order.

When depositions may be read

29 (1) If on the trial of an accused person in the Supreme Court it is proved on the oath of any credible witness or by the signed certifi cate of any registered medical practitioner that any person whose depo sition has been taken in accordance with this Act is dead, or is unfit by reason of his bodily or mental condition to attend as a witness or is absent from Bermuda, then such deposition may be read as evidence without further proof thereof, if the deposition is counter signed by the magistrate and it is proved by a certificate (in Form V in the Schedule) duly signed by the magistrate that the deposition of such person was duly taken before him in accordance with this Act and that the accused person had by himself or by his counsel (if any) a full opportunity of cross-examining the person whose deposition is offered in evidence.

(2) At any retrial of an accused person in the Supreme Court the record of the evidence given by any witness upon oath in the course of the previous trial shall, for the purposes of this section, be treated as if it had been a deposition taken from that witness in accordance with this Act.

(3) Upon proof of the circumstances relating to the deposition or record of the evidence of a person referred to in subsection (1) or (2), as the case may be, such deposition or record shall be read as evidence, unless for reasons to be recorded in writing the court deems such evi dence inadmissible.

Deposition of person dangerously ill

30 (1) Whenever it is made to appear by the certificate of a regis tered medical practitioner that any person dangerously ill and in the opinion of such medical practitioner not likely to recover from such ill ness is able and willing to give material information relating to an in dictable offence, or to an accused person, and it is not practicable for a magistrate to take an examination or deposition in accordance with the foregoing provisions of this Act of the person so being ill, then a magis trate may take in writing the statement on oath of such person so being ill; and the magistrate shall thereupon subscribe the statement and shall add thereto by way of caption a statement of his reason for taking the statement, and of the day and place when and where the statement was taken, and of the names of the persons present at the taking thereof; and if the statement relates to any indictable offence for which any accused person is already committed or bailed to appear for trial the magistrate shall transmit the statement with the said addition to the Registrar.

(2) If upon the trial of the accused person the person who made the statement is proved to be dead, or if it is proved that there is no rea sonable probability that such person will ever be able to travel or give evidence, then such statement may be read in evidence for or against the accused person without further proof thereof, if the statement purports to be signed by the magistrate; and, if it be proved that reasonable notice of the intention to take such statement has been served upon the ac cused person and that he or his counsel (if any) had or might have had, had they or he chosen to be present, full opportunity of cross-examining the person by whom the statement was made.

Forms in Schedule

31 The several forms in the Schedule or forms to the like effect shall be deemed good, valid and sufficient in law.

SCHEDULE

FORMS

FORM A

Information for an Indictable Offence

BERMUDA ISLANDS

[blank] PARISH, To wit

THE INFORMATION of (name of informant) of (place of abode and de scription) taken this [blank] day of [blank] 19 [blank] before (me) the under signed, (one) of Her Majesty's Justices of the Peace for Bermuda, who saith that (name of accused person) of (place of abode and descrip tion) on the [blank] day of 19 [blank] did (state the offence).

Sworn before me the day and year first above mentioned.

C.D. (Signature of Informant),

A.B.,

J.P.

FORM B

Warrant to Apprehend a Person Charged with an Indictable Offence

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda:

WHEREAS (name of accused person) of (abode and description) has this day been charged on oath before (me) the undersigned, (one) of Her Majesty's Justices of the Peace for Bermuda that he on the (date of com mission of offence) at (place) did (stating shortly the offence):

These are therefore to command you in Her Majesty's name forthwith to apprehend the said (name of accused person) and to bring him before (me) or some other of Her Majesty's Justices to answer to the said charge and to be further dealt with according to law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B.,

J.P.

FORM C

Summons to a Person Charged with an Indictable Offence

BERMUDA ISLANDS,

[blank] PARISH. To wit

To (name of accused person) of (abode and description):

WHEREAS you have this day been charged before the under signed, (one) of Her Majesty's Justices of the Peace for Bermuda, for that you on the [blank] day of [blank] 19 [blank] at [blank]

(state shortly the offence):

These are therefore to command you in Her Majesty's name to be and appear before a magistrate on [blank] next the day of [blank] (instant) at [blank] o'clock in the (forenoon) at (place of hearing) to an swer to the said charge and to be further dealt with according to law. Herein fail not.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

FORM D

Warrant where a Summons is Disobeyed

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda:

WHEREAS on the [blank] last past (name of accused person) of (abode and description) was charged before the undersigned, a magis trate, for that he (state offence with date and place as in summons):

AND WHEREAS (I) then issued (my) summons to him com manding him in Her Majesty's name to be and appear before (me) on [blank] at [blank] o'clock in the (forenoon) at [blank] or before such other magistrate as might then be there, to answer to the said charge, and to be further dealt with according to law:

AND WHEREAS the said [blank] has neglected to be and ap pear at the time and place appointed in and by the said summons, al though it has been proved to (me) on oath that it was duly served on him:

These are therefore to command you in Her Majesty's name forth with to apprehend the said [blank] and to bring him before (me) or some other magistrate to answer to the said charge and to be further dealt with according to law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM E

Summons to Witness

BERMUDA ISLANDS,

[blank] PARISH. To wit

To [blank] of [blank] Parish in Bermuda:

WHEREAS an information has been laid before the undersigned, a mag istrate, that (name of accused person) on the [blank] day of [blank] 19 [blank] (state the offence as in the summons or warrant against the ac cused person) and it has been made to appear to me that you are likely to give material evidence for the prosecution (or the defence):

These are therefore to require you to be and appear before (me) on [blank] next at [blank] o'clock in the (forenoon) at [blank] or before such other magistrate as may then be there to testify to what you know concerning the said charge so made against the said [blank] as aforesaid. Herein fail not.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM F

Warrant to Apprehend Witness Disobeying a Summons

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda:

WHEREAS an information having been laid before the under signed, a magistrate, that (name of accused person) on the [blank] day of
[blank] 19 [blank] (state the offence charged as in the summons) and it having been made to appear to me upon oath that (name of witness) of (abode and description of witness) was likely to give material evidence for the prose cution (or defence) I did duly issue my summons to him re quiring him to be and appear before (me) on [blank] at [blank] or before such other magistrate as might then be there to testify what he knows respecting the said charge so made against the said (name of accused person) as aforesaid:

AND WHEREAS proof has this day been made before (me) upon oath of such summons having been duly served upon the said (name of witness) and whereas he has neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such ne glect:

These are therefore to command you to bring and have him the said (name of witness) before (me) on [blank] next at [blank] o'clock in the (forenoon) at [blank] or before such other magistrate as may then be there to testify what he knows concerning the said charge so made against the said (name of accused person) as aforesaid.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM G

Warrant for a Witness in the First Instance

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda:

WHEREAS an information has been laid before the undersigned, a mag istrate, that (name of accused person) on the day of [blank] 19 [blank] (state the offence as in the summons) and it having been made to appear to (me) upon oath that (name of witness) of (abode and description of witness) is likely to give material evidence for the prosecution (or de fence) and that it is probable that he will not attend to give evidence without being compelled so to do:

These are therefore to command you to bring and have the said (name of witness) before (me) on [blank] next [blank] the day of [blank] at [blank] o'clock in the forenoon at [blank] or before such other magistrate as may then be there, to testify what he knows concerning the said charge so made against the said (name of accused person) as aforesaid.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM H

Warrant of Committal of a Witness Refusing to be
Sworn or Give Evi dence

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda, and to the Commissioner of Prisons:

WHEREAS (name of accused person) was lately charged before the un dersigned, a magistrate, for that he the said (name of accused person) on the [blank] day of [blank] 19 [blank] at (state the offence as in the sum mons) and it having been made to appear to (me) upon oath that (name of witness) of (abode and description) was likely to give material evidence for the prosecution (or defence) (I) duly issued (my) summons to the said (name of witness) requiring him to be and appear before (me) on at [blank] or before such other magistrate as should then be there to testify what he knew concerning the said charge, and he now appearing before (me) [or being brought before (me) by virtue of a warrant in that behalf to tes tify as aforesaid) and being required to make oath or affirmation as a witness in that behalf has now refused so to do [or being duly sworn as a witness now refused to answer certain questions
concerning the premises which are here put to him] without offering any just excuse for such his refusal:

These are therefore to command you the said police officers to take the said (name of witness) and him safely to convey to a prison and there de liver him to the Commissioner of Prisons together with this precept; and (I) hereby command you the said Commissioner of Prisons to receive the said (name of witness) into your custody in prison and him there safely keep for the space of [blank] days for his said contempt, unless he shall in the meantime consent to be examined and to answer concerning the premises:

And for your so doing this shall be your sufficient warrant.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM I

Certificate of Recognizance to Give Evidence

.......................................)
)
.......................................) (Names of Witnesses)
)
.......................................)
)
.......................................)

The depositions of the above named witnesses were taken and acknowl edged on the [blank] day of [blank] before me and each of the witnesses was bound over in his own recognizance in the sum of [blank] dollars to appear before the Supreme Court at [blank] in the forenoon on [blank] day of [blank] 19 [blank], and thereafter to appear and give evi dence in the Supreme Court on the trial of the accused person(s) when called upon to do so.

A.B.,

J.P.

Senior Magistrate.

FORM J

Committal of Witness for Refusing to enter into
Recognizance

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda, and to the Commissioner of Prisons:

WHEREAS C.D. was lately charged before the undersigned, a magistrate, for that he the said C.D. on [blank] at (state the offence as in the summons to the witness) and it having been made to appear to (me) upon oath that J.K. of (labourer) was likely to give material evidence for the prosecution (or defence) (I) duly issued my summons to the said J.K. requiring him to be and appear before (me) on [blank] at [blank] or before such other magistrate as should then be there to testify what he knows concerning the said charge so made against the said C.D. as aforesaid; and the said J.K. now appearing before (me) (or being brought before (me) by virtue of a warrant in that behalf) to testify as aforesaid, has now been examined by (me) touching the premises, but being by (me) required to enter into recognizance conditioned to give evidence against (or for) the said C.D. has now refused so to do:

These are therefore to command you the said police officers to take the said J.K. and him safely to convey to prison and deliver him to the Commissioner of Prisons together with this precept; and (I) do hereby command you the Commissioner of Prisons to receive the said J.K. into your custody in prison there to imprison and safely keep him until after the trial of the said C.D., for the offence aforesaid, unless in the mean time the said J.K. duly enters into such recognizance as aforesaid in the sum of [blank] dollars before a magistrate conditioned in the usual form to appear before the Supreme Court at [blank] in the forenoon on the [blank] day of [blank] 19 [blank], and thereafter to appear and give evi-dence in the Supreme Court upon the trial of the said C.D. for the said offence when called upon to do so.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM K

Subsequent Order to Discharge Witness Committed for not entering into Recognizance

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Commissioner of Prisons:

WHEREAS by (my) order dated the day of [blank] 19 [blank] (I) commit ted J.K. to prison for that he had refused to enter into a recog nizance to give evidence against (or for) C.D. then charged before (me) for that he the said C.D. did on the day of 19 [blank] at (state the charge as in the cap tion of the depositions).

AND WHEREAS for want of sufficient evidence against the said C.D. (or state shortly for what other cause the order for discharge is made) he has not been committed or admitted to bail for the said offence, but on the contrary has been since discharged, and it is therefore not neces sary that the said J.K.. shall be detained longer:

These are therefore to order you to discharge the said J.K. and allow him to go at large,

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM L

Statement of Accused Person

BERMUDA ISLANDS,

[blank] PARISH. To wit

The accused person having been duly cautioned in the words prescribed by section 10(2) of the Indictable Offences Act 1929 or in words to the like effect, and the nature of the charge having been duly explained to him states as follows—

FORM M

Recognizance of Bail instead of Remand
on an Adjournment of the Ex amination

BERMUDA ISLANDS,

[blank] PARISH. To wit

BE IT REMEMBERED that on the [blank] day of [blank] 19 [blank] C.D. of [blank] (labourer), L.M. of (grocer) and N.O. of [blank] (butcher) personally came before me, one of Her Majesty's Justices of the Peace for Bermuda, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said C.D. the sum of [blank] dollars and the said L.M. and N.O. the sum of [blank] dollars each to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our Sovereign Lady the Queen, Her heirs and successors, if he the said C.D. fail in the condition endorsed (or within written).

Taken and acknowledged the day and year first above mentioned at [blank] Parish in Bermuda.

A.B.,

J.P.

THE CONDITION of the within (or above) recognizance is such that whereas the (within) bounden C.D. was this day (or on [blank] last past) charged before me for that he on the [blank] day of [blank] 19 [blank] at [blank] (state the offence as in the warrant) and whereas the examination of the witnesses on the said charge is adjourned until the [blank] day of [blank] instant (or next) if therefore the said C.D. shall ap pear before me on the said [blank] day of [blank] in stant (or next) at o'clock in the forenoon at or before such other Justice or Jus tices as may then be there to answer (further) to the said charge, and to be further dealt with according to law, then the said rec ognizance to be void, or else to stand in full force and virtue.

FORM N

Notice of Recognizance to be given to
the Accused Person and his Sureties

BERMUDA ISLANDS,

[blank] PARISH. To wit

TAKE NOTICE that you C.D. are bound in the sum of dollars and your sureties L.M. and N.O. in the sum of [blank] dollars each, that you C.D. appear before me, a magistrate, on the [blank] day of [blank] instant (or next) at [blank] o'clock in the (forenoon) at [blank] or before such other magistrate as may then be there to answer (further) to the charge made against you by P.Q. and to be further dealt with according to law, and unless you C.D. personally appear accordingly the recognizances entered into by yourself and your sureties will be forthwith levied on you and them.

Dated this [blank] day of [blank] 19 [blank]

A.B.,

J.P.

Magistrate.

FORM O

Certificate of Non-appearance to be Endorsed on Recog nizance

BERMUDA ISLANDS,

[blank] PARISH. To wit

I hereby certify that the said C.D. has not appeared at the time and place in the above (or within) condition mentioned, but therein has made de fault by reason whereof the above (or within) written recog nizance is for feited.

A.B.,

J.P.

Magistrate.

FORM P

Warrant to bring before Magistrate for
further Examination an Accused Person who has made
Default in Appearing in Accordance with his Rec ognizance

BERMUDA ISLANDS, To wit

[blank] PARISH.

To the Police Officers of Bermuda:

WHEREAS C.D. of [blank] in Bermuda was on the [blank] day of [blank] 19 [blank] charged before (me) the undersigned, a magistrate, for that he on [blank] at [blank] did (state shortly the offence charged as in the caption of the deposi tions):

AND WHEREAS on the [blank] day of [blank] in the year afore said the said C.D. was brought (or appeared) for examination on the said charge before (me) and then entered into a recognizance in the sum of [blank] dollars for his appearance for further examination on the said charge before (me) on [blank] at or before such other magistrate as should then be there, and the said C.D. has not appeared at the time and place last aforesaid in compliance with the condition of his recog nizance, but therein has made default:

These are therefore to command you in Her Majesty's name forthwith to apprehend the said C.D. and to bring him before (me) at [blank] or such other magistrate as may there be present for further ex amination on the said charge and to be further dealt with according to law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (L.S.)

J.P.

FORM Q

Warrant for Apprehension and Committal of Accused Person who has made Default in appearing in accordance with his Recognizance until further Hearing

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda, and to the Commissioner of Prisons:

WHEREAS C.D. of [blank] in Bermuda was on the [blank] day of [blank] 19 [blank] charged before (me) the undersigned, (one) of Her Majesty's Jus tices of the Peace, for that he on [blank] at [blank] did (state shortly the offence charged as in the caption of the depositions) and whereas on the [blank] day of [blank] in the year aforesaid the said C.D. was brought (or appeared) for examination on the said charge before (me) and then entered into a recognizance in the sum of [blank] dollars for his ap pearance for further examination on the said charge before (me) on [blank] at [blank] or before such other Justice or Justices as should then be there, and the said C.D. has not appeared at the time and place last aforesaid in compliance with the condition of his said recognizance but therein has made default:

These are therefore to command you the said police officers in Her Majesty's name forthwith to take and safely convey the said C.D. to a prison and there to deliver him to the Commissioner of Prisons together with this precept; and (I) hereby command you the Commissioner of Prisons to receive the said C.D. into your custody in a prison and him there safely to keep until he is again brought by warrant before the Jus tice or Justices at a time and place in such warrant to be
appointed for the continuance of such examination, and to be further dealt with ac cording to law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM R

Warrant to bring before a Magistrate for further Examination an Accused Person who has been Committed to Prison after Default made in Appear ance in Accordance with his Recog nizance.

To the Commissioner of Prisons and to the Police Officers of Bermuda:

WHEREAS C.D. of [blank] in Bermuda was on the [blank] day of [blank] 19 [blank] charged before (me) the undersigned, a magistrate, for that he on the [blank] day of [blank] 19 [blank] at [blank] did (state shortly the offence charged as in the caption of the depositions):

AND WHEREAS on [blank] day of [blank] in the year aforesaid the said C.D. was brought (or appeared for examination on the said charge before [blank] and then entered into a recognizance in the sum of [blank] dollars for his appearance [blank] at [blank] before (me) the said magistrate or such other magistrate as should then be there: and the said C.D. did not appear at the time and place aforesaid in compliance with the condition of the said recognizance but therein made default and [blank] the said magistrate did thereupon issue [blank] warrant to appre hend the said C.D. and commit him to prison, there to be kept until he should be again brought by warrant before the magistrate at a time and place in such warrant to be appointed for the continuance of such ex amination:

These are therefore to command you the Commissioner of Pris ons in Her Majesty's name on view of this warrant to deliver the said C.D. to the said police officers and you the said police officers are hereby required to bring him, the said C.D. before (me) the said magistrate or such other magistrate as may then there be present on the [blank] day of [blank] 19 [blank] at [blank] for further examination on the said charge and to be fur ther dealt with according to law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM S

Committal of Accused Person for Trial

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Police Officers of Bermuda and to the Commissioner of Prisons:

WHEREAS C.D. was (this day) charged before me, a magistrate on the information of J.K. (and others) for that he the said C.D. on the [blank] day of [blank] 19 [blank] at (state the charge as in the committal):

AND WHEREAS I have committed the said C.D. for trial to ap pear before the Supreme Court upon the [blank] day of [blank] 19 [blank].

These are therefore to command you the said police officers to take the said C.D. and him safely to convey to one of Her Majesty's Pris ons and there to deliver him to the Commissioner of Prisons together with this precept: and I hereby command you the Commissioner of Pris ons to re ceive the said C.D. into your custody in prison, and there safely to keep him until he is thence delivered in due course of law.

Given under my hand and seal this [blank] day of [blank] 19 [blank] at [blank] in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM T

Recognizance of Bail on Committal for Trial

BERMUDA ISLANDS,

[blank] PARISH. To wit

BE IT REMEMBERED that on the [blank] day of [blank] one thousand nine hundred and [blank] (name of accused person) of Parish (labourer), J.K. of [blank] Parish (blacksmith) and L.M. of [blank] Parish (painter) personally came before the undersigned, a magistrate, and sev erally acknowledged themselves to owe to our Sovereign Lady the Queen, the several sums following, that is to say, the said (name of accused per son) the sum of [blank] dollars and the said J.K. and L.M. the sum of [blank] dollars each, to be made and levied of their several goods and chattels, land and tene ments respectively to the use of our said Sovereign Lady the Queen, Her heirs and successors if the said (name of accused person) fail in the con dition hereunder written.

Taken and acknowledged the day and year first above mentioned at [blank] before me.

A.B.,

J.P.

Magistrate.

THE CONDITION of the above written recognizance is such, that whereas the said (name of accused person) was this day charged before the mag istrate above mentioned for that (state shortly the offence as in the committal) if therefore the said (name of accused person) shall appear before the Supreme Court at [blank] o'clock in the forenoon on the [blank] day of [blank] 19 [blank], and there surrender himself into the cus tody of the Provost Marshal General and plead to any charge upon which he may be indicted and take his trial upon the charge, and not depart the Supreme Court without leave, then the said recognizance to be void, or else to stand in full force and virtue.

FORM U

Warrant of Delivery on Bail being given by an Accused Person Committed for Trial

BERMUDA ISLANDS,

[blank] PARISH. To wit

To the Commissioner of Prisons:

WHEREAS C.D. late of [blank] (labourer) has before me, a magis trate, entered into his own recognizance, and found sufficient sureties for his appearance upon ale session day to which he has been committed and when he may be called on to answer to our Sovereign Lady the Queen for that he the said C.D. on the day of [blank] at [blank] (state the charge as in the commitment) for which he was taken and commit ted to prison:

These are therefore to command you in Her Majesty's name that if the said C.D. do remain in your custody in the prison for the said cause and for no other, you shall forthwith allow him to go at large.

Given under my hand and seal this [blank] day of [blank] 19 [blank] in [blank] Parish in Bermuda.

A.B., (Seal)

J.P.

Magistrate.

FORM V

Certificate Relating to the Taking of Depositions

.......................................)
)
.......................................) (Names of Witnesses)
)
.......................................)
)
.......................................)

I certify that the deposition of each of the above named witnesses was duly taken before me in accordance with the provisions of the In dictable Offences Act 1929, and that the accused had by himself or his counsel (if any) a full opportunity of cross-examining each of the above named wit nesses.

Dated this [blank] day of [blank] 19 [blank]

.......................................
J.P.
Magistrate.

[Amended or repealed in part by:

Bermuda Consolidated Legislation

Indictable Offences Act 1929