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Criminal Procedure Code CAYMAN ISLANDS CRIMINAL PROCEDURE CODE (2019 Revision) Supplement No. 6 published with Legislation Gazette No.1 of 14th February, 2019. PUBLISHING DETAILS Law 13 of 1975 consolidated with Laws 5 of 1979, 17 of 1979, 19 of 1979 (part), 17 of 1981, 28 of 1983, 7 of 1984, 8 of 1984, 3 of 1986, 9 of 1987, 6 of 1991, 7 of 1992 (part), 8 of 1995 (part), 16 of 1998, 17 of 2000, 19 of 2001, 16 of 2003, 20 of 2005, 12 of 2010, 7 of 2011, 33 of 2011, 22 of 2012, 2 of 2014, 37 of 2016, 18 of 2018 and the Criminal Procedure Code Order, 2013. Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted — Law 13 of 1975-3rd September, 1975 Law 5 of 1979-9th April, 1979 Law 17 of 1979-11th June, 1979 Law 19 of 1979-11th June, 1979 Law 17 of 1981-27th August, 1981 Law 28 of 1983-22nd November, 1983 Law 7 of 1984-9th May, 1984 Law 8 of 1984-9th May, 1984 Law 3 of 1986-12th March, 1986 Law 9 of 1987-29th April, 1987 Law 6 of 1991-8th March, 1991 Law 7 of 1992-13th July, 1992 Law 8 of 1995-13th September,1995 Law 16 of 1998-9th October, 1998 Law 17 of 2000-18th September, 2000 Law 19 of 2001-4th July, 2001 Law 16 of 2003-24th July, 2003 Law 20 of 2005-14th October, 2005 Law 12 of 2010-24th March, 2010 Law 7 of 2011-14th January, 2011 Law 33 of 2011-5th December, 2011 Law 22 of 2012-31st August, 2012 Law 2 of 2014-31st January, 2014 Law 37 of 2016-24th October, 2016 Law 18 of 2018-29th June, 2018. Page 2 Revised as at 1st January, 2019 c Criminal Procedure Code (2019 Revision) Publication Details Continued Originally enacted — Order of 2013-3rd December, 2013 Consolidated and revised this 1st day of January, 2019. Note (not forming part of the Law): This revision replaces the 2017 Revision which should now be discarded. c Revised as at 1st January, 2019 Page 3 Criminal Procedure Code (2019 Revision) Arrangement of Sections CAYMAN ISLANDS CRIMINAL PROCEDURE CODE (2019 Revision) Arrangement of Sections Section Page PART I - Preliminary 1. Short title .................................................................................................................................... 11 2. Definitions ................................................................................................................................... 11 3. Inquiry into and trial of offences .................................................................................................. 12 PART II - Powers of Courts 4. Power of courts to try offences ................................................................................................... 13 5. Mode of trial of particular offences ............................................................................................. 13 6. Sentences which courts may impose ......................................................................................... 13 7. Committal for sentence on summary trial of offence triable either way ...................................... 14 8. Sentences in cases of conviction of several offences at one trial .............................................. 14 PART III - General Provisions Relating to Criminal Investigations and Proceedings 9. Authority of Grand Court and Summary Court, and general validity of judicial process ............. 15 10. Court to be open ......................................................................................................................... 15 11. Power of Director of Public Prosecutions to enter nolle prosequi .............................................. 16 12. Authority of Director of Public Prosecutions in respect of conduct of prosecutions ................... 16 13. Conduct of private prosecutions ................................................................................................. 17 14. Complaint and charge ................................................................................................................ 17 15. Issue of summons or warrant ..................................................................................................... 18 16. Form, validity and execution of warrant of arrest........................................................................ 18 c Revised as at 1st January, 2019 Page 5 Arrangement of Sections Criminal Procedure Code (2019 Revision) 17. Court may direct security to be taken ........................................................................................ 19 18. Service of summons .................................................................................................................. 19 18A. Service of witness summonses on designated public officers by electronic means .................. 20 19. Service on company .................................................................................................................. 21 20. Proof of service of summons ..................................................................................................... 22 21. If summons disobeyed, warrant may issue ................................................................................ 22 22. Power to take bond for appearance ........................................................................................... 22 23. Procedure in case of non-appearance of bonded person or depositor ...................................... 22 24. Forfeiture of bond ....................................................................................................................... 22 25. Court may order prisoner to be brought before it ....................................................................... 23 26. Search warrants ......................................................................................................................... 23 27. Execution of search warrants ..................................................................................................... 23 28. Search warrants-further provisions ............................................................................................ 24 29. Bail ............................................................................................................................................. 24 30. Discharge from custody when bail is granted ............................................................................ 25 31. Anonymity of complainants in rape, etc., cases ......................................................................... 25 32. Persons convicted or acquitted not to be tried again for same offence ..................................... 26 33. A person may be tried again for separate offence ..................................................................... 26 34. Consequences supervening or not known at time of former trial ............................................... 26 35. Where original court was not competent to try subsequent charge ........................................... 26 36. Proof of previous conviction ....................................................................................................... 27 37. Summons for witness ................................................................................................................. 27 38. Warrant for witness who disobeys summons ............................................................................. 27 39. Warrant for witness in first instance ........................................................................................... 27 40. Mode of dealing with witness arrested under warrant ................................................................ 28 41. Power of court to order prisoner to be brought up for examination ............................................ 28 42. Penalty for non-attendance of witness ....................................................................................... 28 43. Power to summon material witness or examine person present ............................................... 28 44. Evidence to be given on oath ..................................................................................................... 29 45. Refractory witness ..................................................................................................................... 29 46. Procedure where person charged is the only witness called ..................................................... 29 47. Court to inquire into suspected incapacity of accused ............................................................... 30 48. Procedure when accused found insane during proceedings ..................................................... 30 49. Defence of insanity at preliminary investigation ......................................................................... 30 50. Resumption of proceedings if accused ceases to be incapable ................................................ 31 51. Prima facie evidence of capacity of accused may be given by certificate ................................. 31 52. Provisions relating to the taking of evidence .............................................................................. 31 53. Recording of evidence ............................................................................................................... 31 54. Mode of delivering judgment ...................................................................................................... 32 55. Contents of judgment ................................................................................................................. 33 56. Accused person entitled to copy of judgment on application ....................................................
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