LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 3 CHAPTER 10:01 CRIMINAL LAW (PROCEDURE) ACT ARRANGEMENT OF SECTIONS PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Application of the Act. PART I GENERAL PROVISIONS TITLE 1—BUSINESS OF THE COURT 4. Appointment of causes to be tried on each day of the sitting. 5. Time of trial of causes. 6. Adding cause after transmission of list. 7. Calendar of causes for trial. 8. State prosecutors. 9. Jurisdiction with respect to counties. 10. Bringing of prisoners before the Court for trial. 11. Discontinuance of proclamation against vice. Gaol Delivery 12. Prisons to be delivered at sittings of the Court. 13. Bringing of certain classes of prisoners before the court for delivery. 14. Right of prisoner in certain cases to be tried or bailed. 15. Prisoners entitled to be discharged. 16. Procedure of the Court in matters not provided for. L.R.O. 3/1998 LAWS OF GUYANA 4 Cap. 10:01 Criminal Law (Procedure) TITLE 2—LAW AND PRACTICE AS TO JURIES SECTION 17. Constitution of jury. 18. Abolition of jury de mediatate linguae. Qualification of Jurors and Jury Lists 19. Qualification of Jurors. 20. Disqualification of certain persons from jury service. 21. Exemption of certain persons. 22. Disqualification or exemption to be claimed on revision of jury list. 23. Information to Registrar for preparation of lists. 24. Publication of list by Registrar. 25. Revision of lists. 26. Appeal from decision of revising officer. 27. Jurors’ book to be true record of jurors. Summoning Jurors 28. Mode of selecting jurors to form panel. 29. Service of the summons. 30. Delivery of panel. 31. Composition of jury in certain cases. 32. Challenges to the array. 33. Number of jury. Continuance of trial where juror dies or becomes incapable. 34. Duties of members of police force. 35. Transfer of causes from one court to another. Empanelling the Jury 36. Mode of choosing jury. 37. Pieces of card etc. kept apart till discharge of jury. 38. Peremptory challenges. 39. Challenges for cause. 40. Default of jurors. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 5 SECTION 41. Trial of successive issues by the same jury. 42. Counting and swearing jurors. Fees of Jurors 43. Payment of jurors. Supplemental Provisions 44. View by jury of place or persons, connected with cause. 45. Discharge of jurors from attendance. 46. (1) Partiality of Registrar. (3) Failure to comply with order. (4) Definition of “Registrar” in this Title. 47. Procedure as to juries in matters not provided for. PART II PROCEEDINGS BEFORE A MAGISTRATE TITLE 3 — ENFORCEMENT APPEARANCE OF ACCUSED PERSON 48. When magistrate may compel appearance before him of accused person. 49. Magistrate may inquire into suspected offence; Fourth Schedule. Search Warrant 50. When search warrant may be issued, and proceedings there- under. Complaint or Information 51. Reception of complaint or information. L.R.O. 3/1998 LAWS OF GUYANA 6 Cap. 10:01 Criminal Law (Procedure) Summons to Accused Persons SECTION 52. (1) Issue, contents and service of summons. (5) Proof of service of process by bailiff or constable. Warrant for Apprehension of Accused Person 53. Issue of warrant of apprehension in first instance. 54. Power of justice of the peace to issue warrant in certain cases. 55. Magistrate may direct security to be taken. TITLE 4—PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON 56. Disposal of person apprehended upon warrant. 57. Offence committed out of jurisdiction of investigating magistrate. 58. Director of Public Prosecutions may order a change of venue in the case of a preliminary inquiry. Irregularity 59. Irregularity in summons, warrant, service or arrest. Witnesses 60. Application of law with respect to witnesses. 61. (1) Local inspection and examination of injured person. (2) Penalty for non-compliance with order to examine. Proceedings at Preliminary Inquiry 62. General discretionary powers of magistrate with respect to mode of holding inquiry. 63. Restriction on publication of report of preliminary inquiry. 64. Proceedings in camera. 65. Taking of evidence for prosecution. 66. Charging accused person. 67. Taking evidence for defence. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 7 SECTION 68. Marking exhibits. 69. Deposition of witness not able to attend through illness. Discharge 70. Discharge of accused person. 71. (1) Costs and expenses of frivolous or vexatious complaint or information. (3) Appeal. Committal for Trial 72. Committal of accused person for trial. 73. Power of Director of Public Prosecutions to remit case for committal. 74. Copy of depositions for accused person. 75. Binding over to give evidence. TITLE 5 - PROCEEDINGS SUBSEQUENT TO COMMITTAL OF ACCUSED PERSON 76. Transmission of documents relating to cause. 77. Deposition of witness after committal of accused person. 78. Power to Director of Public Prosecutions to remit cause for further inquiry. 79. Power to Director of Public Prosecutions to remit cause to be dealt with summarily. 80. Further provisions as to remission of case. 81. Conditions under which witnesses at a preliminary inquiry need not be called at the trial. TITLE 6—BAIL 82. Right of accused person to bail. (a) Continuous bail. (b) Saving. 83. Bailing of accused on adjournment of inquiry. L.R.O. 3/1998 LAWS OF GUYANA 8 Cap. 10:01 Criminal Law (Procedure) SECTION 84. Committal of accused person to prison for safe custody pending preliminary inquiry. 85. Bailing accused person on committal for trial. 86. Conveying accused person to prison after committal for trial. 87. Bailing accused person after committal for trial. 88. Power of the Court or judge to bail accused person. 89. Apprehension of accused person on bail but about to abscond. 90. (1) Amount of bail. (3) Bailing infant. PART III PROCEEDINGS IN THE COURT TITLE 7—MODE OF TRIAL 91. General mode of trial. 92. Trial at bar. 93. Saving of right of Director of Public Prosecutions to file information for misdemeanour. 94. Meaning of “the rules”. 95. Rule Committee. 96. Presentation and sufficiency of indictments. 97. Joinder of charges in the same indictment. 99. Orders for amendment of indictment, separate trial and post- ponement of trial. 99. Saving. TITLE 8—PLEADINGS Indictment 100. Variances and amendments. 101. When full offence charged and attempt proved. 102. Case of attempt charged—full offence proved. 103. Full offence charged—part proved. 104. Misdemeanour charged—felony proved. 105. Embezzlement charged—larceny proved and vice versa. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 9 SECTION 106. Joinder of counts and proceedings thereon. 107. Objection to substance of indictment. Pleas 108. Special pleas allowed to be pleaded. 109. General effect of pleas of autrefois acquit and convict. 110. Effect where previous offence charged was without aggrava- tion. 111. Use of depositions on former trial on trial of pleas. 112. Plea of justification in case of libel. 113. Application of previous provisions to criminal information. TITLE 9 - PROCEEDINGS PRELIMINARY TO TRIAL 114. Institution of proceedings by Director of Public Prosecutions. 115. Right of Director of Public Prosecutions to enter nolle prosequi. 116. Filing and service of copy of indictment. 117. Bench warrant where accused person does not appear. 118. Abolition of trial on coroner’s inquisition. 119. Change of venue and proceedings thereon. 120. Abolition of outlawry. TITLE 10—WITNESSES Attendance of Witness 121. Attendance of witness bound by recognizance to attend. 122. Writ of subpoena for witness. 123. Preparation and issue of writ. 124. Service of writ. 125. Warrant for apprehension of witness disobeying summons. 126. Warrant for apprehension of witness not attending on recogni- zance. 127. Penalty for non-attendance of witness. 128. Warrant for apprehension of witness in first instance. 129. List of witnesses not required to be filed. L.R.O. 3/1998 LAWS OF GUYANA 10 Cap. 10:01 Criminal Law (Procedure) Examination of Witness SECTION 130. Mode of dealing with witness refusing to be sworn or to give or produce evidence. 131. Non-attendance of witness at adjourned trial. 132. Procedure with respect to witnesses where trial is postponed. Remuneration of Witness 133. Remuneration and travelling expenses of witnesses. TITLE 11—TRIAL Records 134. Form and particulars of minutes of proceedings on trial. 135. Original record of proceedings. 136. Furnishing the Minister with copies of records. Arraignment 137. Bringing prisoner up for arraignment. 138. Postponement of trial. 139. Arraignment of accused person. 140. Procedure on indictment containing count charging previous conviction. 141. Proof of previous conviction. 142. Proof of previous trial on trial for perjury. Plea 143. Abolition of pleas in abatement. 144. Pleading and refusal to plead. 145. Effect of plea of not guilty. 146. Recording plea. 147. Abolition of inquiry as to property or flight in treason. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 11 Further Proceedings at Trial SECTION 148. Case for the prosecution. 149. Case for the defence. 150. Right of reply. 151. Procedure where person is committed for trial through error. 152. Adjournment, or discharge of jury and postponement, of trial. 153. Recalling witness. 154. Summing up. 155. Consideration of verdict. 156. Retirement of jury for consideration of verdict. 157. Communication with jury while in retirement considering verdict. 158. Accommodation of jury kept together or in retirement. 159. Number of jurors required to find verdict. 160. Delivery of verdict. Recording of verdict. 161. (1) Verdict of not guilty. (2) Plea or verdict of guilty, motion in arrest of judgment and sentence. 162. Motion in arrest of judgment. 163. Recording judgment. 164. Sentence of death. 165. Special provision for saving validity of verdict in cases of larceny embezzlement and the like. 166. Abolition of attainder for forfeiture and escheat. 167. Sentence of death not to be passed on pregnant woman. 168.