Summary Jurisdiction Act 1930

Failure to appear after summons; warrant for apprehension

4 When the accused person fails to appear after summons, the court (on proof of due service of the summons) may either hear and de termine the case ex parte, or may issue a warrant in Form C in the Schedule for the apprehension of the accused person.

Endorsement of warrant for bail

5 (1) A magistrate or Justice of the Peace who issues a warrant under section 3 may, if he thinks fit having regard to the nature of the offence charged and to all the other circumstances of the case, endorse that warrant for the taking of bail in such an amount as is specified in the endorsement and either with or without sureties as may be so speci fied.

(2) A warrant endorsed pursuant to subsection (1) shall be suf ficient authority to any police officer of or above the rank of Sergeant to admit the accused person to bail in the amount specified in the en dorsement and either with or without sureties as directed thereby, con ditioned to appear before a magistrate at such time and place as shall be mentioned in the recognizance to answer to the information.

(3) Any recognizance entered into by an accused person or by any surety for him in accordance with this section shall have the same force and effect as if it had been duly entered into before a magistrate.

Arrest of person released on bail

6 (1) A police officer may arrest without warrant any person who has been released on bail under this Act if the police officer has reason able grounds for believing that that person is likely to break the condi tion that he will appear at the time and place required or any other con dition on which he was admitted to bail, or has reasonable cause to sus pect that that person is breaking or has broken any such other condi tion.

(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 alter natively 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.

Summons to witness

7 The magistrate composing the court, or any other magistrate, may, on the application of the complainant or of the accused person, is sue a summons in Form D in the Schedule, or, where the desired witness is outside Bermuda, in such other form as may be appropriate, requiring every person named in the summons to appear as a witness on the hearing on a day and at a time and place stated in the summons, and to testify to what he knows concerning the charge.

[Section 7 amended by 1994:41 effective July 6 1996]

Service of summons

8 A summons shall be served by showing the summons, and deliv ering a copy thereof, to the person to whom the summons is directed, or by leaving a copy of the summons at his usual or last known place of abode.

9 [repealed by 1979:17]

10 [repealed by 1979:17]

Payment of witnesses

11 (1) The court shall allow witness money to any witness attend ing on summons, or without summons on the request of the complainant or of the accused, at the rate of one dollar and eighty cents a day or, where the witness is a medical practitioner or other specially qualified person attending to give professional evidence, at the rate provided in any such case by the Evidence Act 1905 [title 8 item 10].

(2) Witness money shall be costs in the case, and shall, if not paid by or recovered from the party liable for costs, be paid out of the Consolidated Fund on the certificate of the magistrate composing the court.

Adjournment of trial

12 (1) A court of summary jurisdiction may at any time, whether before or after commencing the trial of an information, adjourn the trial.

(2) The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless the court remands the accused person, leave the time and place to be determined later by the court; but the trial shall not be resumed at that time and place un less the court is satisfied that the parties have had adequate notice thereof.

(3) A court of summary jurisdiction may, for the purpose of en abling enquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to adjourn after convicting the accused person and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for

more than four teen days at a time.

(4) On adjourning the trial of an information the court may re quire the accused person to enter into a recognizance, with or without sureties, in such sum as the court thinks expedient conditioned for his appearance at the time and place appointed for the continuance of the trial, or for his appearance after adequate notice has been given as men tioned in subsection (2), or the court may remand the accused person from time to time to prison:

Provided that any such remand shall be for a period not exceed ing fourteen days.

Remand for medical examination

13 If on the trial of an offence punishable with imprisonment by a court of summary jurisdiction the court is satisfied that the offence has been committed by the accused person, but is of opinion that an enquiry ought to be made into that person's physical or mental condition before the method of dealing with him is determined, the court shall adjourn the case to enable a medical examination and report to be made and for that purpose may remand the accused person to prison, but any such adjournment shall not be for more than fourteen days at a time.

Right to elect trial by jury

14 (1) Where a person is charged before a court of summary juris diction with an indictable offence which may also be dealt with summar ily, such person may, on appearing and being charged, but before any evidence is heard, claim to be tried by a jury on indictment, and in such event the court shall proceed with the preliminary investigation of the charge accordingly.

(2) For the purpose of proceedings under this section, the court shall cause the charge to be reduced into writing and read to the accused and shall then address to him a question to the following effect: "Do you desire to be tried by a jury or do you consent to the case being dealt with summarily?", with a statement of the meaning of the case being dealt with summarily and of the Criminal Sessions at which he will be tried, if tried by a jury; and if the accused consents to be dealt with summarily, the court shall forthwith ask him the following question, "Do you plead guilty or not guilty?" and proceed accordingly.

(3) Nothing in the foregoing provisions of this section shall be construed so as to affect or derogate from section 450 of the Criminal Code [title 8 item 31].

Right to make defence

15 Where a person is prosecuted in respect of a charge of an offence before a court of summary jurisdiction he shall be entitled to make a full answer and defence, and to have all witnesses examined and cross-ex amined by counsel.

Magistrate to take written notes of evidence

16 It shall be the duty of the magistrate composing a court of sum mary jurisdiction or, in the case of a Special Court, being the chairman thereof, to take notes in narrative form of all material evidence given in connection with a case heard before such court:

Provided that, upon the application of either party, or where for any reason it appears desirable to the court of summary jurisdiction to do so, any particular question and the answer thereto shall be taken down in full.

Newly constituted court

17 (1) Where proceedings have commenced before a court of summary jurisdiction and the magistrate who composed the court is ab sent, then any other magistrate may act in the place of the absent mag istrate; and, subject to this section, all proceedings may be had and taken by the newly constituted court as if the original magistrate had continued to sit.

(2) Notwithstanding anything in subsection (1), where evidence has been given before a court of summary jurisdiction and the proceed ings in respect of which that evidence was given are continued before a newly constituted court, the following provisions of this subsection shall have effect with regard to such evidence in relation to the proceedings before the newly constituted court—

(a) subject to paragraph (b), a witness who gave evidence before the court as originally constituted shall be sum moned to appear before the newly constituted court and shall again be sworn; and upon being sworn the court may require him again to give evidence, or may allow the record given before the court as originally constituted to be read over for his assent; and, where the court allows the record of evidence to be read over as aforesaid, the court may allow such further examination and cross-ex amination of the witness as the court thinks proper;

(b) where a witness who gave evidence before the court as originally constituted has died, or is absent from Bermuda or is otherwise, in the opinion of the newly constituted court, incapable of giving evidence, then the record of the evidence of that witness given before the court as originally constituted shall for the purposes of any proceedings had and taken before the newly con stituted court be deemed to be the record of evidence given before the newly constituted court.

Non-appearance of accused

18 (1) Where at the time and place appointed for the trial or ad journed trial of an information the prosecutor appears but the accused does not, the court may, if the information has been substantiated on oath, and subject to subsection (2), issue a warrant for his arrest:

Provided that where the accused person fails to appear at an adjourned trial, the court shall not issue a warrant under this section unless the court is satisfied that he has adequate notice of the time and place of the adjourned trial.

(2) Where a summons has been issued, the court shall not is sue a warrant under this section unless it is proved to the satisfaction of the court on oath that the summons was served on the accused person within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused person has appeared on a previous oc casion to answer to the information.

Non-appearance of prosecutor

19 (1) Where at the time and place appointed for the trial or ad journed trial of an information the accused person appears or is brought before the court and the prosecutor does not appear, the court may dis miss the information or, if evidence has been received on a previous oc casion, proceed in the absence of the prosecutor.

(2) Where instead of dismissing the information or proceeding in the absence of the prosecutor the court adjourns the trial, it shall not remand the accused person in custody unless he has been brought from custody or cannot be remanded on bail by reason of his failure to enter into a recognizance or to find sureties.

Non-appearance of both parties

20 Where at the time and place appointed for the trial or adjourned trial of an information neither the prosecutor nor the accused person ap pears, the court may dismiss the information or if evidence has been re ceived on a previous occasion proceed in their absence.

Record of judgment

21 When the case on both sides is closed the magistrate composing the court shall record his judgment in writing; and every such judgment shall contain the point or points for determination, the decision therein and the reasons for the decision, and shall be dated and signed by the magistrate at the time of pronouncing it.

Record of conviction

22 When a conviction takes place the court shall cause the convic tion to be recorded in a record book to be kept for that purpose:

Provided that in respect of any conviction on a ticket information under Part II of the Traffic Offences Procedure Act 1974 [title 21 item 12] it shall be sufficient compliance with this section for the court to com plete the record of conviction portion of the ticket and to cause the same to be filed in the court records.

Alternative convictions

23 The provisions of section 342 and of sections 492 to 499 inclu sive of the Criminal Code [title 8 item 31] (which sections relate to alter native convictions) shall apply to an information for an indictable offence tried summarily as if all references to an indictment were references to an information.

Punishment where no special punishment prescribed

24 Where no punishment has been, or shall be, prescribed by any Act for an offence punishable on summary prosecution, the court may impose a fine not exceeding $720 (and imprisonment in default of paying such fine) or imprisonment for a term not exceeding six months, or both such fine and imprisonment.

Committal to Supreme Court for sentence

25 (1) Where a person has been convicted summarily of an offence triable on indictment, and where by reason of all the circumstances of the case and of his antecedents or by reason of the number and nature of any other offences which he may wish to be taken into consideration, the court is of opinion that greater punishment should be imposed for the offence than the court has power to impose, then the court may commit him in custody to the Supreme Court for sentence.

(1A) Where a person has been convicted summarily of an offence and has been assessed as a dangerous offender, the Court shall commit him in custody to the Supreme Court for sentence in accordance with section 71E of the Criminal Code [title 8 item 31].

(2) Where under this section, a person is committed to the Supreme Court for sentence, the court of summary jurisdiction as soon as may be shall transmit to the Registrar, for delivery to the Chief Jus tice, the records of the proceedings before the court of summary juris diction together with a report by the magistrate setting out the reasons which led him to commit the person for sentence.

(3) The Chief Justice on receiving the documents required by subsection (2) to be transmitted shall, by order addressed to the Com missioner of Prisons, cause the person so committed to be brought be fore the Supreme Court at a time to be specified in the order.

(4) On the person so committed being brought before the Supreme Court, the Supreme Court shall deal with him in any manner in which he could have been dealt with if he had just been convicted of the offence before the Supreme Court on indictment.

Commencement of sentence

26 A sentence of imprisonment passed by the court shall, unless the court otherwise directs, have effect from and include the day on which it was passed.

Consecutive sentences

27 Without prejudice to section 25 and without prejudice to section 56(1) of the Criminal Code [title 8 item 31], where a person is convicted of two or more offences, the court may sentence him to consecutive terms of imprisonment in respect of such offences, so however that the aggre gate of such terms shall not exceed twelve months.

Costs against informant

28 (1) When a charge is dismissed, and appears to the court to have been unfounded, frivolous or made from any improper motive, the court may order the costs, or any part of the costs, to be paid by the in formant, either forthwith or within such time as the court may allow; and if such costs are not paid the court may commit the informant to prison for a term not exceeding ten days, unless such costs are sooner paid.

(2) The costs which the court may order to be paid under sub section (1) shall be such sums as may be fixed by the court in respect of—

(i) the expenses incurred by the defendant, in cluding fees payable to his attorney (if any), which sum shall be payable to the defendant; and

(ii) the witness money payable under section 11, which sum shall be payable into the Consoli dated Fund.

Prosecution costs

29 The court may award and order, in and by the conviction or or der, the defendant to pay such sum towards the costs of the prosecution as to the court seems reasonable.

Enforcement of payment of fine and costs

30 (1) Where —

(a) under powers conferred by law a court of summary ju risdiction has ordered a convicted person to pay a fine or costs in consequence of his conviction; and

(b) the fine or costs so ordered to be paid have not been paid within the time allowed by the court,

then either —

(aa) the court may enforce the payment by levy and distress of the goods of the convicted person; or

(bb) a magistrate may issue a warrant under this section for the convicted person's arrest.

(2) A warrant under this section shall be authority—

(a) for any police officer, whether he has the warrant with him or not, to arrest the convicted person named in the warrant and bring him before a court of summary juris diction to be dealt with according to law; and

(b) if the circumstances warrant, for the convicted person to be detained in custody at a police station for a period of not more than two days after his arrest before he is brought before a court in accordance with paragraph (a).

(3) A warrant under this section shall be in Form F in the

Schedule.

(4) In relation to the issue of a warrant under this section, the provisions of section 5 shall apply mutatis mutandis as they apply in relation to the issue of a warrant under section 3.
[subsection (4) substituted by 1990:1 effective 26 February 1990]

(5) A police officer arresting a person by virtue of a warrant un der this section shall at the time of the arrest either—

(a) show the warrant to the person being arrested; or

(b) if the officer does not have the warrant with him at that time, inform the person being arrested of the existence and purport of the warrant;

and, where a person is arrested in accordance with paragraph (b), the warrant shall be shown to him as soon as may be after the arrest and in any event not more than four hours after the arrest.

(6) A court of summary jurisdiction before which a person is brought by virtue of a warrant under this section shall enquire into the case and if satisfied that that person ("the detainee") is in default in payment of a fine or costs in consequence of a summary conviction, may either —

(a) order that he be forthwith imprisoned for the default for the period which the court which convicted him specified in relation to the default or, if a period of imprisonment was not so specified, then for such period warranted by law as the first-mentioned court determines; or

(b) enlarge the time for payment and order the detainee's release if it appears to the court to be just in all the cir cumstances to do so;

and the court may also in any event order the detainee to pay as costs such sum not exceeding fifty dollars in respect of the expenses occa sioned by his arrest and, where he was detained after arrest, his deten tion as the court thinks fit.

[section 30 as amended by 1988:48 and 1990:1 was brought into operation on 3 September 1990 by BR 46/1990}

Nolle prosequi

31 In any proceedings instituted before a court of summary juris diction, the Attorney-General may at any stage of the proceedings, by writing under his hand, enter a nolle prosequi to stay proceedings on any information or summons, and upon receipt of such nolle prosequi the magistrate shall cause the accused person to be discharged from any further proceedings in respect of such information or summons; and such discharge shall operate as a bar to further proceedings on the same information or summons, unless the Attorney-General by writing under his hand, consents to such further proceedings.

Period of imprisonment in default of payment of fine or costs

32 (1) When a court of summary jurisdiction has authority under this Act to impose imprisonment in default of payment of a fine or, as the case may be, of costs, the period of imprisonment shall not exceed the period shown, respectively, in the following Table—

Amount of fine or costs, or fine and costs combined	Period of imprisonment
Not exceeding fifty dollars	Seven days
Exceeding fifty dollars but not exceeding one hundred dol lars	Fourteen days
Exceeding one hundred dollars but not exceeding two hun dred and fifty dollars	One month
Exceeding two hundred and fifty dollars but not exceeding five hundred dollars	Three months
Five hundred dollars or over	Six months

(2) Notwithstanding anything in subsection (1), an offender shall be discharged on payment of the fine or, as the case may be, of the costs, or of both, or such proportion thereof as the court, taking into consideration the period of imprisonment suffered, may permit.

Time for payment; payment excused; instalments

33 (1) Without prejudice to any other power or authority vested in the court, the court by whose conviction or order any sum is to be paid—

(a) may excuse such payment, or any part thereof, for any specific reason which the court deems sufficient;

(b) may allow time for payment;

Security for keeping peace

34 (1) Where it is made to appear to a magistrate by information on oath that any person is likely to commit a breach of the peace or to do any wrongful act which is likely to occasion a breach of the peace, the magistrate may, as hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour for such period, not exceeding twelve months, as the magistrate thinks fit.

(2) The person informed against shall be summoned to appear before the magistrate at such time and place as may be specified in the summons, and if he fails to appear in accordance with the summons, the magistrate may issue a warrant for his arrest.

(3) If upon enquiry, the magistrate is satisfied that it is neces sary for keeping the peace or maintaining good behaviour, as the case may be, that the person informed against should enter into a recog nizance, with or without sureties, the magistrate shall make an order ac cordingly.

(4) Where the person informed against is unwilling to enter into a recognizance as aforesaid or is unable to find the required sureties, the magistrate may order that he be detained in custody until such time as he complies with the terms of the order or for a period of six months, whichever is the shorter period.

(5) Any person in respect of whom an order has been made un der this section may appeal to the Supreme Court against the making of the order and the terms thereof; and the provisions of the Criminal Ap peal Act 1952 [title 8 item 87] shall apply to any such appeal as they ap ply to an appeal against a conviction by a court of summary jurisdiction.

Forms in Schedule

35 The 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 A SUMMARY OFFENCE

Bermuda Consolidated Legislation

Summary Jurisdiction Act 1930