{"kind":"expression","expression":{"expr_id":"705","doc_id":"705","label":"2026 Revision","is_as_enacted":"f","commenced_on":"2026-02-03","superseded_on":null,"valid_from":"2026-02-03","valid_to":null,"is_current":"t","incorporating":"[\"Act 6\/2025- Criminal Procedure Code (Amendment) Act, 2025 - LG15\/2025\/s5\"]","akn_expr_iri":"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1975\/13\", \"expression\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03\", \"manifestation\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03.pdf\"}, \"pdf\": {\"md5\": \"caf1edc02c3c50e8315e0820c4482cfb\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1975\/1975-0013\/1975-0013_2026 Revision.pdf\", \"pages\": 120, \"filename\": \"1975-0013_2026 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 42249, \"paragraph_count\": 197, \"text_char_count\": 261694}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Criminal Procedure Code (2026 Revision) PART 10 - Miscellaneous SCHEDULE 1 Mode of Trial and Arrestable Offences SCHEDULE 2 Form of Search Warrant SCHEDULE 3 Rules for Framing Indictments SCHEDULE 4 Voluntary Indictments SCHEDULE 5 Application for Dismissal ENDNOTES Criminal Procedure Code (2026 Revision) (2026 Revision) PART 1 - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act (hereinafter referred to as \u201cthis Code\u201d) may be cited as the Criminal Procedure Code (2026 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Code \u2014 \u201cClerk\u201d means the person appointed as Clerk of the Court under section 7 of the Grand Court Act (2026 Revision); \u201cCommissioner of Police\u201d means the person appointed under section 8 of the Police Act (2021 Revision) and includes every person acting under that person\u2019s authority; \u201ccommitted for trial\u201d means committed for trial before the Grand Court; \u201ccomplaint\u201d means an allegation that some person has committed an offence; \u201ccounsel\u201d means any legal practitioner instructed to represent any party in proceedings before a court; \u201ccourt\u201d means the Grand Court or the Summary Court and the person presiding over such court as the context may require; Criminal Procedure Code (2026 Revision) \u201cCourt of Appeal\u201d means the Court of Appeal exercising jurisdiction under the Cayman Islands Constitution Order 2009 [U.K.S.I. 2009 No. 1379] and in accordance with the Court of Appeal Act (2023 Revision); \u201cJudge\u201d means a Judge of the Grand Court; \u201clegal practitioner\u201d means any person authorised to practise as such before the Grand Court under any law for the time being in force; \u201cmagistrate\u201d includes a person presiding over a Summary Court and having jurisdiction in the matter under reference; \u201cmedical practitioner\u201d means any person registered under the Health Practice Act (2021 Revision) as being authorised to practise medicine in the Islands; \u201cpolice officer\u201d means any constable or member of the Police Service established under the Police Act (2021 Revision); \u201cpreliminary inquiry\u201d means an inquiry into a criminal charge conducted by a Summary Court under this Code, with a view to the committal of an accused person for trial before the Grand Court; \u201cprivate prosecution\u201d means a prosecution instituted by any person other than \u2014 (a) a person appearing on behalf of the Crown, the Commissioner of Police or any department of the Government; or (b) a public officer acting in that person\u2019s official capacity or any person appearing on that person\u2019s behalf; \u201cpublic officer\u201d means any person holding any office in the public service of the Government; \u201cSummary Court\u201d means a court established under the Summary Jurisdiction Act (2025 Revision) or, with respect to proceedings or applications in connection with young persons (as defined in the Youth Justice Act (2021 Revision) under that Act; and \u201cyoung person\u201d means a person under the age of seventeen years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Inquiry into and trial of offences 3. Subject to the express provisions of any other law for the time being in force, all offences shall be inquired into, tried and otherwise dealt with according to this Code. PART 2 - Powers of Courts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Power of courts to try offences 4. Save in the case of departmental, disciplinary and procedural offences for the disposal of which special provision is made in any other law, all offences shall be tried \u2014 Criminal Procedure Code (2026 Revision) (a) upon indictment before the Grand Court; or (b) summarily by the Summary Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Mode of trial of particular offences 5. (1) For the purpose of determining the mode of trial before a court, offences shall be classified into three categories \u2014 Category A- offences triable upon indictment and not otherwise; Category B- offences triable upon indictment which, with the consent of the prosecution and the person charged (or all of the persons charged if there be more than one), may be tried summarily; and Category C-offences triable summarily and not otherwise. (2) Where any law creating an offence fails to prescribe the mode of trial, the mode of trial shall be as prescribed in Schedule 1. (3) Notwithstanding any other law but subject to section 190, the offences set forth in Schedule 1 shall fall into the categories therein prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Sentences which courts may impose 6. (1) The Grand Court may pass any sentence authorised by law to be inflicted in respect of the offence for which it is imposed. (2) Subject to the express provisions of any other law a Summary Court may, in a case in which such sentence is authorised by law to be inflicted in respect of the offence for which it is imposed, pass sentences of \u2014 (i) imprisonment for four years; and (ii) a fine of two thousand dollars. (3) Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass. (4) In determining the extent of a court\u2019s jurisdiction under this Code to pass a sentence of imprisonment, the court shall be deemed to have jurisdiction to pass the full sentence of imprisonment permitted under this section in addition to any imprisonment which may be awarded in default of payment of a fine, costs or compensation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Committal for sentence on summary trial of offence triable either way 7. (1) Subject to subsection (2)(c), this section applies where, on the summary trial of a Category B offence, a person who is not less than eighteen years old is convicted of an offence. (2) If a Summary Court is of opinion \u2014 Criminal Procedure Code (2026 Revision) (a) that an offence or the combination of the offence and one or more offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has the power to impose; (b) in the case of a violent or sexual offence, that a custodial sentence for a term longer than the court has power to impose is necessary to protect the public from serious harm from a person; or (c) that a conviction for a Category B or C offence in that court results in the breach of a Grand Court order, the Summary Court may, in accordance with Practice Directions issued under this section, commit the offender in custody or on bail to the Grand Court for sentence. (3) The preceding provisions shall apply in relation to a corporation as if \u2014 (a) the corporation was an individual who is not less than eighteen years old; and (b) in subsection (2), paragraph (b), the words \u201cin custody or on bail\u201d were omitted. (4) Where an accused is committed by a Summary Court under this section, the Grand Court shall inquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with the offender if that offender had been convicted by the Grand Court. (5) Nothing in this section compels the Grand Court to impose a greater sentence than that which could have been imposed by the Summary Court. (6) The Chief Justice may, from time to time, issue Practice Directions relating to the power of a Summary Court to commit under this section and the procedure to be followed in such committals.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Sentences in cases of conviction of several offences at one trial 8. (1) When a person is convicted at one trial of two or more distinct offences the court may sentence the person, for such offences, to the several punishments prescribed therefor which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other, unless the court directs that such punishments shall run concurrently. (2) In the case of consecutive sentences it shall not be necessary for the Summary Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is permitted to impose on conviction of a single offence, to send the offender for trial before the Grand Court: Provided that the aggregate punishment shall not exceed twice the amount of punishment which the Summary Court, as constituted to try that particular offender, is competent to impose in the exercise of its ordinary jurisdiction. Criminal Procedure Code (2026 Revision) PART 3 - General Provisions Relating to Criminal Investigations and Proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Authority of Grand Court and Summary Court, and general validity of judicial process 9. (1) The Grand Court and the Summary Court shall have authority to cause to be brought before it any person who is within the Islands and who is charged with an offence \u2014 (a) committed within the Islands; or (b) which according to law may be inquired into or tried as if it had been committed within the Islands, and to deal with the accused person according to law and subject to the jurisdiction of the court concerned. (2) Any summons, warrant of arrest, search warrant or other judicial process issued in due form under any law by any court, shall be of full force and effect in all parts of the Islands without any requirement for further authentication, backing or endorsement by any person before execution. (3) In addition to the powers conferred upon a Judge by this Code or any other law, a Judge shall have all the powers conferred by this Code or any other law upon any person to issue any summons, warrant of arrest, search warrant or other judicial process.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Court to be open 10. The place in which any court sits for the purpose of trying any offence or for the purpose of hearing any other proceedings relating to an offence shall be an open court to which the public generally may have access, so far as the same can conveniently contain them: Provided that the court, if it thinks fit at any stage of the proceedings of any particular case, may order that the public generally or any particular person shall not have access to or remain in the room or building used by the court. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Power of Director of Public Prosecutions to enter nolle prosequi 11. (1) In any proceedings against any person, and at any stage thereof before verdict or judgment, as the case may be, the Director of Public Prosecutions may enter a nolle prosequi, either by stating in court or by informing the court in writing that the Crown intends that the proceedings, whether undertaken by the Director of Public Prosecutions or by any other person or authority, shall not continue, and thereupon the accused person shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if the accused person has been committed to prison shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against that person on account of the same facts. (2) If the accused person is not before the court when such nolle prosequi is entered, the Clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison in which such accused person is detained and also, if the accused person has been committed for trial, to the Summary Court and the clerk thereof shall forthwith cause a similar notice in writing to be given to any person bound over to prosecute or give evidence and to their sureties, if any, and also to the accused and the accused\u2019s sureties in case the accused shall have been admitted to bail.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Authority of Director of Public Prosecutions in respect of conduct of prosecutions 12. (1) The Director of Public Prosecutions and any legal practitioner instructed for the purpose by the Director of Public Prosecutions may appear to prosecute on behalf of the Crown, the Commissioner of Police or any other public officer, public authority or department of Government in any criminal proceedings before any court. (2) Subject to such directions as may be given by the Director of Public Prosecutions from time to time, any police officer may conduct criminal proceedings in the Summary Court on behalf of the Crown or the Commissioner of Police, and any such police officer may appear and conduct the prosecution notwithstanding that that police officer is not the officer who made the complaint or charge in respect of which such proceedings arose. (3) The Director of Public Prosecutions may, by writing, authorise any public officer to conduct prosecutions in the Summary Court in respect of particular matters or categories of offences or in relation to the activities or functions of a particular department of the Government. (4) Any nolle prosequi or authority purporting to be signed by the Director of Public Prosecutions and issued under section 11 or this section shall be admitted and deemed to be prima facie valid for the purpose for which it was issued without proof of the signature. Criminal Procedure Code (2026 Revision) (5) Notwithstanding any power conferred upon any person under this section to institute or conduct any criminal proceedings, any such person shall at all times in respect thereof be subject to the express directions of the Director of Public Prosecutions who may in any case themselves institute or conduct any criminal proceedings or may take over and continue or direct any legal practitioner or, in case of proceedings in a Summary Court, any public officer, to take over and continue in accordance with the Director of Public Prosecutions\u2019 instructions any criminal proceedings instituted or undertaken by any person, including a private prosecutor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Conduct of private prosecutions 13. Any person conducting a private prosecution may do so in person or may be represented by a legal practitioner instructed by the person in that behalf.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Complaint and charge 14. (1) Criminal proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without a warrant. (2) Any person, who believes from a reasonable and probable cause that an offence has been committed by any person, may make a complaint thereof to a Justice of the Peace. (3) A complaint may be made orally or in writing but if made orally shall be reduced to writing by the Justice of the Peace, and in either case shall be signed by the complainant and the Justice of the Peace: Provided that where proceedings are instituted by a police or other public officer, acting in the course of that person\u2019s duty as such, a formal charge, drawn up in conformity with this Code, duly signed by such officer may be presented to the Justice of the Peace and shall for the purposes of this Code be deemed to be a complaint and shall be signed by the Justice of the Peace. (4) A Justice of the Peace, upon receiving any such complaint, shall, unless such complaint has been laid in the form of a formal charge under subsection (3), draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged. (5) When an accused person who has been arrested without a warrant is brought before a magistrate, a formal charge containing a statement of the offence with which the accused is charged shall be signed and presented by the police officer preferring the charge. (6) Every complaint shall be for one matter only, but the complainant may lay one or more complaints against the same person at the same time and the court hearing any one of such complaints may deal with one or more of the complaints together or separately as the interests of justice appear to require. Criminal Procedure Code (2026 Revision) (7) Subject to any other law, no person shall be arrested without a warrant otherwise than in connection with an offence prescribed in Schedule 1 as an arrestable offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Issue of summons or warrant 15. (1) Upon receiving a complaint and the charge having been duly signed in accordance with section 14, a Justice of the Peace may, in that person\u2019s discretion, issue either a summons or a warrant to compel the attendance of the accused person before a Summary Court: Provided that a warrant shall not be issued in the first instance unless the complaint has been supported by an oath, either by the complainant or by a witness. (2) A Justice of the Peace shall not refuse to issue a summons under this section unless that Justice of the Peace is of the opinion that the application for a summons is frivolous, vexatious or an abuse of the process of the court and if, in the Justice of the Peace\u2019s discretion, the Justice of the Peace refuses to issue a summons the person applying for the same may require the Justice of the Peace to give that person a written certificate of refusal and may apply to the Grand Court for an order directing such Justice of the Peace to issue the summons sought or such other summons as the Grand Court may direct. (3) No warrant or summons shall be held to be invalid by reason only that the Justice of the Peace who issued the same has died or ceased to hold office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Form, validity and execution of warrant of arrest 16. (l) Every warrant of arrest may be issued at any time on any day, and shall be under the hand of the Justice of the Peace by whom it is issued and directed to the police officer in charge of the place in which the act complained of has been committed or in which the person to be apprehended is believed to be and to all other police officers of the Islands. (2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged, or other reason for the arrest, and shall name or otherwise describe such reason and shall order the police officers to whom it is directed to bring such person before a Summary Court to answer to the charge therein mentioned or to be further or otherwise dealt with according to law. Any such warrant may be executed by any one or more police officers and shall not be made returnable at any particular time but shall remain in force until executed or cancelled by the Justice of the Peace issuing the same or by order of a court having jurisdiction in the matter. (3) The Commissioner of Police may certify and issue copies of any warrant received by the Commissioner of Police and any such certified copy shall be deemed to be of the same force and effect as the original. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Court may direct security to be taken 17. (1) When a warrant is issued for the arrest of any person for any offence other than a charge in respect of an offence of murder or treason it may, in the discretion of the Justice of the Peace issuing the same, be directed by endorsement on the warrant that, if such person executes a bond with sufficient sureties for that person\u2019s attendance before the court at a specified time and thereafter until otherwise directed by the court, the police officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state \u2014 (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and (c) the time and place at which the person is to attend before the court. (3) Whenever security is taken under this section the police officer to whom the warrant is directed shall forward the bonds to the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Service of summons 18. (1) Subject to section 19, every summons shall be served upon the person to whom it is directed by any of the following persons \u2014 (a) a police officer; (b) a bailiff; or (c) any other person designated in writing by the Clerk of the Courts for the purpose of assisting the police with the service of summonses under this Act. (2) A bailiff and a designated person referred to in subsection (1)(b) and (c) shall have the authority and power to carry out such instructions as may be given by the Clerk of the Courts in accordance with this Act and may exercise on behalf of the Royal Cayman Islands Police Service, any powers granted to the police by this Act to issue summonses. (3) Each bailiff and designated person assigned under this section shall be provided with an identification card and the identification card shall \u2014 (a) be prepared and signed by the Clerk of the Courts or the Clerk of the Court\u2019s designate; (b) contain the name and photograph of the bailiff or the designated person, as the case may be; (c) contain written authorisation for the bailiff or the designated person to effect service of summonses on behalf of the police; (d) be carried by the bailiff or the designated person when serving summonses; and Criminal Procedure Code (2026 Revision) (e) be shown to each person on whom a summons is served. (4) Service of a summons by a person specified in subsection (1) shall be effected as follows \u2014 (a) by personally delivering the summons to the person on whom it is to be served; (b) by leaving the summons with an adult at the person\u2019s last or most usual place of abode if the person on whom the summons is to be served cannot conveniently be located; or (c) by leaving it with the person\u2019s employer. 18A. Service of witness summonses on designated public officers by electronic means 18A. (1) Notwithstanding service of summonses in accordance with section 18, in any criminal proceedings where a designated public officer is required to attend court as a witness, a witness summons may be served on that public officer by electronic means, by sending the summons to an electronic address to which a document may be delivered and to which the public officer has been given access for use in the course of the public officer\u2019s employment. (2) For the purposes of subsection (1), a designated public officer includes any of the following \u2014 (a) a police officer; (b) a customs officer; (c) an immigration officer; or (d) any other public officer designated by the Deputy Governor in writing as a public officer on whom service of a witness summons may be effected by electronic means. (3) Service of a witness summons by electronic means on a public officer, as provided for in subsection (1), shall be deemed to be effective service, provided that the service of the witness summons is effected in accordance with subsection (4). (4) Where a witness summons is served on a public officer referred to in subsection (2), by electronic means, as provided for in subsection (1), in order for service of the witness summons to be deemed effective, and the intended public officer to have been duly served with a witness summons as at the date of the sending of such notification, the following shall be done \u2014 (a) notification of the witness summons shall be sent to the public officer by electronic means, by any of the following persons \u2014 (i) the Clerk of the Courts or the Clerk of the Court\u2019s Nominee; or Criminal Procedure Code (2026 Revision) (ii) the Director of Public Prosecutions or the Director of Public Prosecutions\u2019 Nominee; (b) the notification of the witness summons shall contain the following information in respect of the hearing of criminal proceedings \u2014 (i) the date; (ii) the time; (iii) the place; (iv) the defendant\u2019s name; and (v) the Criminal case number; and (c) whenever a person referred to in subsection (4)(a)(i) - (ii) serves a witness summons and notification of the witness summons to a designated public officer referred to in subsection (2), by electronic means, every reasonable effort shall be made to ensure that \u2014 (i) the e-mail address used to transmit the witness summons and the notification thereof, to the intended public officer, is the correct email address for that public officer; (ii) the e-mail address of the public officer is an e-mail address provided to the public officer for use in the course of the public officer\u2019s employment; (iii) a method of tracking delivery of the summons and notification thereof by electronic means is used, with proof of the electronic tracking system being provided in some tangible form; (iv) where an electronic tracking method provides proof of successful delivery of the witness summons and notification thereof by electronic means, physical evidence of that proof of successful electronic delivery of the summons, including the date on which service by electronic means was successfully effected, shall be retained and provided to the courts upon request; and (v) where a document is served under section 18A, the person serving it would not be required to also provide the recipient with a hard copy.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Service on company 19. Service of a summons on a body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by registered letter addressed to the body corporate at its registered address in the Islands. In the latter case service shall be deemed to have been effected when the letter would arrive in the ordinary course of post. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Proof of service of summons 20. If the person who serves a summons does not attend before the court at the time and place mentioned in the summons to depose, if necessary, to the service thereof, proof of service of a summons shall be given in accordance with the Evidence Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"If summons disobeyed, warrant may issue 21. If a person served with a summons does not appear at the time and place mentioned in the summons and it is proved to the satisfaction of the court in accordance with section 20 that the summons was duly served seven days or more prior to the date appointed for the appearance of the person before the court, the court after taking such evidence on oath to substantiate the matter of the complaint as it may in any particular case consider necessary, may issue a warrant to apprehend the person so summoned as aforesaid and to bring the person before the court to be dealt with according to law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Power to take bond for appearance 22. Where any person for whose appearance or arrest a court is empowered to issue a summons or warrant is present in such court, the court may require such person to execute a bond, with or without sureties, or make a deposit of money in lieu thereof, for that person\u2019s appearance in such court on such date as may be appointed: Provided that the court may, on the application of a surety at any time, release the person wholly or partially and with or without conditions from the surety\u2019s obligations under the bond if the court is satisfied that it would be just to do so.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Procedure in case of non-appearance of bonded person or depositor 23. When any person who is bound by any bond taken under section 22, or under this Code, to appear before a court, or who has made a deposit of money in lieu of executing such bond, does not so appear, the court may issue a warrant directing that such person be arrested and brought before the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Forfeiture of bond 24. (1) Where a bond has been executed under section 22, or for the doing by a person of any other thing connected with a proceeding before a court, and it appears to the court that the bond should be forfeited, the court may, without prejudice to its power to issue a warrant under section 23, declare the bond to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to the sum in which they are respectively bound. (2) The court which declares the bond to be forfeited may, at any time, instead of adjudging any person to pay the whole sum in respect of which that person is bound, remit the whole or any part thereof either absolutely or on such conditions as it thinks just. Criminal Procedure Code (2026 Revision) (3) Payment of any sum adjudged to be paid under this section may be enforced by any court as if it were a fine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Court may order prisoner to be brought before it 25. (1) Where any person for whose appearance or arrest a court is empowered to issue a summons or warrant is confined in prison, the court may issue an order to the officer in charge of such prison requiring the officer to bring such prisoner in proper custody, at a time to be named in the order, before such court. (2) The officer to whom an order issued under subsection (1) is directed, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during the prisoner\u2019s absence from the prison for the purpose aforesaid and shall thereafter return the prisoner to the prison unless otherwise ordered by a court, and such prisoner shall for all purposes be deemed to be in lawful custody during such absence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Search warrants 26. Where a court or a Justice of the Peace is satisfied by information on oath that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence is in any building, ship, vehicle, box, receptacle or place, such court or Justice of the Peace may, by warrant (called a search warrant), authorise a police officer or other person therein named to search the building, ship, vehicle, box, receptacle or place (which shall be named or described in the warrant) for any such thing and, if anything searched for is found, to seize it and carry it before the court issuing the warrant or some other court to be dealt with according to law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Execution of search warrants 27. (1) Every search warrant may be issued at any time and may be executed on any day between the hours of sunrise and sunset, but the court or Justice of the Peace may, by the warrant, in its or that person\u2019s discretion, authorise the police officer or other person to whom it is addressed to execute it at any time. (2) Whenever any building or other place liable to search is closed, any person residing in or being in charge of such building or place shall, on demand of the person executing the search warrant and on production of the warrant, allow the person executing the search warrant free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein. (3) If ingress into or egress from such building or other place cannot be so obtained, the person executing the search warrant may break open such place or building. (4) Where any person in or about such building or place is reasonably suspected of concealing about their person any article for which search should be made, such person may be searched by a person of the same sex. Criminal Procedure Code (2026 Revision) (5) When any such thing is seized and brought before a court, it may be detained until the conclusion of the case or the investigation, reasonable care being taken for its preservation. (6) If any appeal is made, or the person is committed for trial, the court may order it to be further detained for the purposes of the appeal or trial. (7) If no appeal is made or if no person is committed for trial, the court shall direct such thing to be restored to the person from whom it was taken, unless the court sees fit, and is authorised or required by law to dispose of it otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Search warrants-further provisions 28. (1) Every search warrant shall be in the form set out in Schedule 2 and under the hand of the person issuing the same and, when issued by a court, shall bear the seal of such court. (2) Every search warrant shall remain in force until it is executed or until it is cancelled by the person or court issuing the same. (3) A search warrant may be directed to one or more persons and may be executed by all or any one or more of them; (4) A search warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed. (5) A search warrant may be executed at any place in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Bail 29. (1) A court before which a person appears or is brought or is committed for trial may grant the person bail in accordance with the Bail Act (2015 Revision). (2) A court may, by order, confirm or extend the period of bail granted by the court itself or under section 65 of the Police Act (2021 Revision). (3) The Grand Court may in any case and at any stage of a case \u2014 (a) direct that a person be admitted to bail in accordance with the Bail Act (2015 Revision); or (b) vary any condition or requirement attached to the grant of bail by the Summary Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Discharge from custody when bail is granted 30. (1) As soon as the recognisance, with or without sureties as the case may be, has been entered into, a person admitted to bail under this Code shall be released and if the person is in prison the court admitting that person to bail shall issue an order of release to the officer in charge of the prison and such officer on receipt of the order shall release that person. Criminal Procedure Code (2026 Revision) (2) Nothing in this section shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the recognisance was entered into.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Anonymity of complainants in rape, etc., cases 31. (1) After a person is accused of a rape offence, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed shall be published in a written publication available to the public or be broadcast, except as authorised by a direction of the court. (2) In this section \u2014 \u201crape offence\u201d means rape, attempted rape, conspiracy to commit rape, aiding, abetting, counselling or procuring rape or attempted rape, and incitement to rape. (3) For the purpose of this section, a person is accused of a rape offence if \u2014 (a) a charge is laid alleging that that person has committed a rape offence; (b) that person appears before a court charged with a rape offence; (c) a court before which the person is appearing commits that person for trial on a new charge alleging a rape offence; or (d) a bill of indictment charging the person with a rape offence is preferred before a court in which the person may lawfully be indicted for the offence. (4) Nothing in this section \u2014 (a) prohibits the publication or broadcasting, in consequence of an accusation alleging a rape offence, of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with that offence; (b) affects any prohibition or restriction imposed by virtue of any other law upon a publication or broadcast, and a direction under this section does not affect the operation of subsection (1) at any time before the direction is given. (5) If any matter is published or broadcast in contravention of subsection (1), the following persons \u2014 (a) in the case of a publication in a newspaper or periodical, the proprietor, editor and publisher of the newspaper or periodical; (b) in the case of any other publication, the person who publishes it; (c) in the case of a broadcast, any person having functions, in relation to the programme in which it is made, corresponding to those of an editor of a newspaper, Criminal Procedure Code (2026 Revision) commit an offence and are each liable on summary conviction to a fine of one thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Persons convicted or acquitted not to be tried again for same offence 32. A person who has been once tried by a court for an offence and acquitted or convicted of such offence, while such acquittal or conviction has not been reversed or set aside, shall not be liable to be tried again on the same facts for the same offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"A person may be tried again for separate offence 33. A person acquitted or convicted of any offence may afterwards be tried for any other offence with which the person might have been charged on the same facts and upon which the person could not have been convicted at the previous trial.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Consequences supervening or not known at time of former trial 34. A person convicted of an offence involving any act causing consequences which, together with such act, constitute a different offence from that for which such person was convicted may be afterwards tried for such last-mentioned offence if such consequences had not happened or were not known to the court to have happened at the time when the person was convicted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Where original court was not competent to try subsequent charge 35. Subject to any other law, a person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with and tried for any other offence constituted by the same acts which the person may have committed, if the court by which the person was first tried was not competent to try the offence with which the person is subsequently charged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Proof of previous conviction 36. (1) In any inquiry or other proceeding under this Code, in which it becomes necessary to prove the previous conviction of an accused person, a copy of the record of the conviction for the offence on summary trial, or a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction upon trial upon indictment, purporting to be signed by the officer having custody of the records of the court where the offender was convicted shall, upon proof of the identity of the person, be sufficient prima facie evidence of the said conviction without proof of the signature or official character of the person appearing to have signed such copy or certificate. (2) Without prejudice to subsection (1), prima facie proof may be given of a previous conviction in any place within or without the Islands by the production of a certificate purporting to be issued under the hand of a police officer in the place where the conviction was had, containing a copy of the sentence or order and the fingerprints, or photographs of the fingerprints, of the person so Criminal Procedure Code (2026 Revision) convicted, together with evidence that the fingerprints of the person so convicted are those of the accused person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Summons for witness 37. If it is made to appear on the statement of the complainant or of the defendant or otherwise, that material evidence can be given by or is in the possession of any person, a court having cognisance of any criminal cause or matter concerned may issue a summons to such person requiring that person\u2019s attendance before such court or requiring that person to bring and produce to such court for the purpose of evidence all documents and writings in that person\u2019s possession or power which may be specified or otherwise sufficiently described in the summons.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Warrant for witness who disobeys summons 38. If, without sufficient excuse, a witness does not appear in obedience to a summons issued under section 37, the court, on proof of the proper service of the summons within a reasonable time beforehand, may issue a warrant to bring the witness  before the court at such time and place as shall be therein specified.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Warrant for witness in first instance 39. If the court is satisfied by evidence on oath that a person summoned as a witness will not attend unless compelled to do so, such court may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Mode of dealing with witness arrested under warrant 40. When any witness is arrested under a warrant the court may, on that witness\u2019s furnishing security, by recognisance or deposit of cash to the satisfaction of the court, for that witness\u2019s appearance at the hearing of the case, order that witness to be released from custody, or shall, on that witness\u2019s failing to furnish such security, order that witness to be detained in custody for production at such hearing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Power of court to order prisoner to be brought up for examination 41. In any case in which a court requires to examine as a witness in any proceedings before such court a person confined in any prison the procedure provided by section 25 shall be followed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Penalty for non-attendance of witness 42. (1) Any person summoned to attend as a witness who, without lawful excuse, fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine of forty dollars. Criminal Procedure Code (2026 Revision) (2) Such fine, if not previously paid, may be levied by attachment and sale of any movable property belonging to such witness within the limits of the Islands. (3) In default of recovery of any such unpaid fine by attachment and sale of goods, the witness may, by order of the court, be imprisoned as a civil prisoner for fifteen days unless such fine is paid before the end of said term. (4) For good cause shown, the Grand Court may remit or reduce any fine imposed under this section by a Summary Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Power to summon material witness or examine person present 43. Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon or call any person as a witness, or recall and re-examine any person already examined, and the court shall summon and examine or recall and re-examine any such person if that person\u2019s evidence appears to it essential to the just decision of the case: Provided that the prosecutor or the counsel for the prosecution and the defendant or the defendant\u2019s counsel shall have the right to cross-examine any such person, and the court shall adjourn the case for such time, if any, as it thinks necessary to enable such cross-examination to be adequately prepared, if, in its opinion, either party may be prejudiced by the calling of any such person as a witness.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Evidence to be given on oath 44. Every witness in any criminal cause or matter shall be examined upon oath or affirmation and the court before which any witness shall appear shall have full power and authority to administer the appropriate oath or affirmation in accordance with the Evidence Act (2021 Revision). Provided that the court may, at any time, if it thinks it just and expedient (for reasons to be recorded in the proceedings), take without oath the evidence of any person declaring that the taking of any oath whatever is according to that person\u2019s religious belief unlawful, or who, by reason of immature age or want of religious belief ought not, in the opinion of the court, to be admitted to give evidence on oath; the fact of the evidence having been so taken shall be recorded in the proceedings.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Refractory witness 45. (1) Whenever any person, appearing in obedience to a summons or by virtue of a warrant, or being orally required by the court to give evidence \u2014 (a) refuses to be sworn; (b) having been sworn, refuses to answer any question put to that person; (c) refuses or neglects to produce any document or thing which the person is required to produce and which is in that person\u2019s possession or under that person\u2019s control; or (d) refuses to sign such person\u2019s deposition, Criminal Procedure Code (2026 Revision) without in any such case offering any sufficient excuse for such refusal or neglect, the court may adjourn the case for any period not exceeding ten days, and may in the meantime commit such person to prison, unless such person sooner consents to do what is required of such person. (2) If such person, upon being brought before the court at or before such adjourned hearing, again refuses to do what is required of such person, the court may, if it sees fit, again adjourn the case and commit such person for a like period, and so again, from time to time, until such person consents to do what is required of such person. (3) Nothing herein contained shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of such person, or shall prevent the court from disposing of the case in the meantime, according to any other sufficient evidence taken before it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Procedure where person charged is the only witness called 46. Where the only witness of the facts of the case called by the defence is the person charged, the person shall be called as a witness immediately after the close of the evidence for the prosecution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Court to inquire into suspected incapacity of accused 47. Without prejudice to sections 158 and 159, when in the course of any trial or preliminary inquiry the court has reason to suspect that the accused person is of unsound mind so that the accused person is incapable of making their defence, the court shall inquire into the fact of such unsoundness and for this purpose may receive evidence and may postpone the proceedings and remand the accused person for a medical report.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Procedure when accused found insane during proceedings 48. (1) If, in a case referred to in section 47, the court finds that the accused person is of unsound mind and incapable of making the accused person\u2019s defence it shall postpone further proceedings in the case. (2) If the case is one in which bail may be taken, the court may release the accused person on sufficient surety being given that the accused person will be properly taken care of and prevented from doing injury to themselves or to any other person, and for the accused person\u2019s appearance, if called upon, before the court or any officer of the court appointed in that behalf. (3) If \u2014 (a) the case under this section is one in which bail may not be taken; (b)  sufficient surety cannot be given; or (c)  the court, for any sufficient reason, considers that bail ought not to be granted, Criminal Procedure Code (2026 Revision) the court may order the accused person to be detained in a hospital, prison, place of safety or other place appointed by any law for the reception or custody of insane persons and may make such further order in the case for the detention, treatment or otherwise of the accused as the circumstances may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Defence of insanity at preliminary investigation 49. When an accused person appears to be of sound mind at the time of a preliminary investigation, notwithstanding that it is alleged that, at the time when the act was committed in respect of which the accused person is charged, the accused person was insane within the meaning of the law relating to capacity to commit a criminal offence, the court shall proceed with the case and, if the accused person ought, in the opinion of the court, to be committed for trial before the Grand Court, the court shall so commit the accused person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Resumption of proceedings if accused ceases to be incapable 50. Whenever any preliminary investigation or trial is postponed under section 47 or 48, the court may, at any time, resume the preliminary investigation or trial, unless the accused person is detained in pursuance of an order by the Governor given under section 48(3), and require the accused to appear or be brought before such court, when, if the court finds the accused person capable of making that accused person\u2019s defence, the preliminary investigation or trial shall proceed, but if the court considers the accused person still to be incapable of making that accused person\u2019s defence, it shall act as if the accused were brought before it for the first time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Prima facie evidence of capacity of accused may be given by certificate 51. If an accused person is confined in a hospital or other place appointed by law for the reception or custody of persons mentally ill, under any order made in exercise of any power conferred by this Code, and the medical practitioner in charge of such hospital or place certifies that the accused person is capable of making that accused person\u2019s defence, the Governor may order that such accused person shall be taken before the court having jurisdiction in the case to be dealt with according to law, and the certificate of such medical practitioner shall be receivable by the court as prima facie evidence of the capacity of the accused person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Provisions relating to the taking of evidence 52. (1) Except as may be otherwise provided by any law, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused unless, with the accused\u2019s consent, the accused\u2019s absence has been dispensed with in accordance with this Code. (2) All evidence shall be recorded in English and if any evidence is given in any other language it shall be interpreted; and in the case of any documents tendered in evidence which are written in a foreign language a translation shall be Criminal Procedure Code (2026 Revision) provided. Any interpretation or translation shall be made by a person appointed or approved for the purpose by the court. (3) If the accused does not understand English any evidence given shall be interpreted to the accused in a language which the accused understands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Recording of evidence 53. (1) The Judge may, subject to this Act, give directions as to the manner in which evidence is recorded in any proceedings before any criminal court. (2) Subject to subsection (3) hereof and section 80 and to any directions issued under subsection (1), in inquiries and trials in criminal matters before a Summary Court, the evidence of the witnesses shall be recorded in the following manner \u2014 (a) the evidence of each witness, or so much thereof as the Court deems material, shall be taken down by the Court or in its presence and under its direction and superintendence, and shall be signed by the Court and shall form part of the record; and (b) such evidence need not ordinarily be taken down in the form of question and answer but may be in the form of narrative: Provided that the magistrate may, in the magistrate\u2019s discretion, take down or cause to be taken down any particular question and answer or the evidence or any part thereof in any particular case in the form of questions and answers. (3) Subject to this Act, except subsection (2) hereof, when a court reporter is employed to report verbatim any criminal trial or proceedings or any part of such trial or proceedings before any Summary Court, a transcript of the report, duly verified in accordance with subsection (4), shall constitute the record of the trial or proceedings or part thereof as the case may be. (4) Verification of the transcript of any record made in accordance with subsection (3) shall be by a certificate given by the person making the transcript \u2014 (a) that to the best of the person\u2019s skill and ability the person has made a correct and complete transcript of the trial or proceedings; and (b) that the report transcribed was taken by that person and was, to the best of that person\u2019s skill and ability, a complete and correct account of the trial or proceedings or so much thereof as is specified in the certificate. (5) If, for any reason, a record of any trial or proceedings made pursuant to subsection (3) is not available, or if for any other reason the Grand Court so requires, the Clerk shall, if the Grand Court directs the Clerk to do so, request the magistrate of the Summary Court to furnish the Clerk with a certified copy of the whole or any part of the notes of the trial or with a report in writing, giving Criminal Procedure Code (2026 Revision) the magistrate\u2019s opinion upon the case generally or upon any point arising upon the case or both, and the magistrate shall furnish the same to the Clerk. (6) At the request of a witness that witness\u2019s evidence shall be read over to that witness.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Mode of delivering judgment 54. (1) Except in a case in which the personal attendance of the accused person has been dispensed with under any law or by leave of the court, the judgment of any court in the exercise of its original jurisdiction in any criminal trial shall be pronounced, or the substance of such judgment explained, in open court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties and their legal representatives, if any: Provided that the whole judgment shall be read out by the Court if so requested by the prosecution or the defence. (2) In any case in which judgment is required by subsection (1) to be read, or the substance thereof explained, in open court the accused person shall be required to be present to hear the same.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Contents of judgment 55. (1) Every judgment in a summary trial, except as otherwise expressly provided by this Code or any other law, shall be written by the magistrate and shall be dated and signed by such magistrate in open court at the time of pronouncing it. (2) In the case of a conviction the judgment shall specify the offence of which, and the section of the law under which the accused person is convicted, and the punishment to which that person is sentenced or other lawful order of the court upon such conviction. (3) In the case of an acquittal the judgment shall state the offence of which the accused person is acquitted, and the section of the law under which the charge was preferred, and shall direct that the person be set at liberty in respect of that offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Accused person entitled to copy of judgment on application 56. On the application of the accused person a copy of the judgment in any criminal trial shall be given to that accused person without delay and free of any charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Property found on accused person 57. Where, upon the apprehension of a person charged with an offence, any property is taken from that person, the court before which it is tried may order \u2014 (a) that the property or any part thereof be restored to the person who appears to the court to be entitled thereto, and, if that person is the person charged, Criminal Procedure Code (2026 Revision) that it be restored either to that person or to such other person as the person charged may direct; or (b) that the property or a part thereof be applied to the payment of any fine or any costs or compensation directed to be paid by the person charged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Restitution of stolen property after conviction 58. Where a person has been convicted of an offence involving theft, obtaining property by deception, obtaining pecuniary advantage by deception, handling stolen goods or any other offence by which the person has wrongfully come into possession of any property, the court may direct the restitution to the owner thereof or that person\u2019s representative of the property to which that offence relates or of any property which is the subject of any other similar offence admitted by the convicted person which is taken into consideration by the court in determining sentence. Any such restitution may be in addition to or in substitution for any other punishment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Alternative convictions 59. (1) On an indictment for murder a person found not guilty of murder may be found guilty of \u2014 (a) manslaughter, or causing grievous bodily harm; (b) being an accessory after the fact; (c) an attempt to commit murder; (d) infanticide; (e) killing an unborn child; or (f) concealing the birth of a child (where the murder charged is that of a child), but may not be found guilty of any offence not included above. (2) Where, on the trial of a person on indictment for any offence except treason or murder, the court finds that person not guilty of the offence specifically preferred but the allegations in the indictment amount to or include (expressly or by implication) an allegation of another offence falling within the jurisdiction of the court, the court may find that person guilty of that other offence or of an offence of which that person could be found guilty, on the facts found to be proved, on an indictment specifically preferring that other offence. (3) For the purposes of subsection (2), any allegation of an offence shall be taken as including an allegation of attempting to commit that offence; and where a person is charged with attempting to commit an offence or with any assault or other act preliminary to an offence, but not with the complete offence, then (subject to the discretion of the court to discharge the jury with a view to the preferment of an indictment for the complete offence) the person may be convicted of the offence charged notwithstanding that the person is shown to be guilty of the completed offence. Criminal Procedure Code (2026 Revision) (4) Where a person pleads not guilty of the offence preferred but guilty of some other offence of which the person might be found guilty on that indictment, and is convicted on that plea of guilty without trial for the offence of which the person pleaded not guilty, then (whether or not the two offences are separately preferred in distinct counts) that person\u2019s conviction of the one offence shall be an acquittal of the other.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Accused persons entitled to be present at trial and related proceedings and may be represented by a legal practitioner 60. (1) Every person accused of any criminal offence shall be entitled to be present in court during the whole of any proceedings relating to such offence unless the person is excluded by the court because the person so conducts themselves in the court as to render the continuance of the proceedings in that person\u2019s presence impossible. (2) Notwithstanding subsection (1) and subject to section 54(2) \u2014 (a) where an accused person so conducts themselves in the court as to render the continuance of the proceedings in the accused person\u2019s presence impossible, as an alternative to excluding the accused under subsection (1), the court may direct for such period as the court determines, that the accused shall appear by counsel or by live television link or by any other means that would allow the court and the accused to engage in simultaneous visual and oral communication; or (b) except where section 60A applies, the court may, in its discretion \u2014 (i) where an accused is confined in prison (whether on remand or otherwise); and (ii) where the prosecutor and an accused so agree at any time during any proceedings relating to an offence other than a part in which the evidence of a witness is taken, direct that the accused may appear by counsel or by live television link or any other means that allow the court and the accused to engage in simultaneous visual and oral communication. (3) A court shall not give a direction under subsection (2) unless the court is satisfied that it is in the interests of the efficient or effective administration of justice for the accused person to appear in the proceedings through a live link or other means. (4) In deciding whether to give a direction under this section, the court must consider all the circumstances of the case; and such circumstances shall include the suitability of the facilities at the place where the accused or a witness would give evidence through a live link. (5) For the purposes of this section, the consent of the accused person to the conduct of the proceedings in the person\u2019s absence may be deemed to have been given Criminal Procedure Code (2026 Revision) in a case in which the person enters a written plea of guilty under any law or in any case in which the court is satisfied that, having been duly summoned to appear before the court a reasonable time before the date appointed, the accused person wilfully refuses to attend at any time appointed by the court. (6) Every person accused of any criminal offence, whether present in person or absent in accordance with this section, may be defended before any court by a legal practitioner. (7) A statement made on oath and given in evidence through a link by virtue of this section shall be treated for the purpose of section 101 of the Penal Code (2026 Revision) as having been made in the proceedings in which it is given in evidence. (8) The Rules Committee of the Grand Court may make such rules as appears to it to be necessary for the purposes of this section. 60A. Appearing by live television link, etc., for purposes of mention and remand 60A. (1) Where an accused in custody or detention, whether in relation to the charge before the court or not, is required to appear before a court for purposes of mention and remand, the court shall, if there is a television link or other similar means referred to in section 60(2)(b) between the place of custody or detention and the court, conduct the proceedings by live television link unless \u2014 (a) the court, on its own motion, determines that attendance in person is otherwise necessary in the interests of justice; or (b) the court, upon the request of the accused, determines that attendance is otherwise necessary in the interests of justice. (2) When an accused appears before a court by means of a live television link or other means referred to in section 60(2)(b), the court may, in relation to the charge, exercise any power in this Act and shall comply with the Bail Act (2015 Revision). (3) The Rules Committee of the Grand Court may make such rules as appear to it to be necessary for the purposes of this section. Criminal Procedure Code (2026 Revision) PART 4 - Procedure in Trials before the Summary Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Non-appearance of complainant at trial 61. If, in any case which the Summary Court has jurisdiction to hear and determine, the accused person appears at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, either in person or by counsel or other person authorised to represent the complainant, the court shall dismiss the charge, unless for some reason the court shall think proper to adjourn the hearing of the case to some other date, upon such terms as it shall think fit, in which event it may, pending such adjourned hearing, either admit the accused to bail or remand the accused in custody, or take such security for the accused\u2019s appearance as the court shall think fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Non-appearance of defendant at trial 62. If, at the same time and place of hearing appointed in a summons an accused person does not appear, and it be proved that the summons was duly served a reasonable time before the time appointed for the accused person\u2019s appearance, and if the court is satisfied on any sufficient evidence that the accused has wilfully refused to attend or otherwise may be deemed to have consented to the trial taking place in the accused person\u2019s absence, the court may either proceed to adjudicate on the case as if the accused had appeared or, if the court is not satisfied that the accused has so consented or considers that it is inexpedient for any other reason that the trial should proceed in the absence of the accused, the court may issue a warrant for the arrest of the accused in accordance with section 21 and may adjourn the trial to some other date.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"When neither party appears 63. If, at the time and place appointed for a trial under this Part neither party appears, the court may dismiss or adjourn the case as shall seem fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Court to have same powers at adjourned hearing as at first hearing 64. At the time and place appointed for any adjourned hearing, the Summary Court shall have the same powers to proceed with, dismiss or adjourn the case as if the complaint was before the court for the first time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Power to postpone or adjourn trial 65. If, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn any trial, the court may, from time to time, in addition to any other powers it may have postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable, and may remand the accused to the prison or other place of security, or may admit the accused to bail. During any remand the court may, at any time, order the accused to be brought before it. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Appearance of both parties 66. (1) If both parties appear, the court shall proceed to hear the case and the substance of the charge or complaint shall be read to the accused person by the court and the accused person shall be asked whether such person admits or denies it. (2) In a case in which the accused is a corporation, it shall be sufficient if the corporation appears by a representative appointed in writing purporting to be signed by a person (by whatever name called) having or being one of the persons having the management of the affairs of the corporation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"If accused pleads guilty 67. If the accused person admits the charge, the accused person\u2019s admission shall be recorded and the court shall convict the accused person and pass sentence upon or make an order against the accused person unless, after hearing anything which may be said by or on behalf of the accused person, whether in mitigation or otherwise, there shall appear to the court to be sufficient cause to the contrary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Pleas in other cases 68. If the accused person pleads not guilty, the court shall proceed to try the case as hereinafter provided. If the accused person refuses to plead, the court shall direct that a plea of not guilty be entered for the accused person, or in an appropriate case may act in accordance with section 47.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Procedure after plea of not guilty 69. If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution. The accused person or the accused person\u2019s counsel may cross-examine each witness called by the prosecution and if the accused person is not represented by counsel the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether that accused person wishes to put any question to that witness and shall record the accused person\u2019s answer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Acquittal of accused person if no case to answer 70. If at the close of the case for the prosecution the court considers that a prima facie case on the evidence presented has not been established, the court shall acquit the accused or in any other case, the court shall proceed to hear the case for the accused. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"The defence 71. (1) At the close of the evidence in support of the charge, if it appears to the court that a prima facie case is made out against the accused person the court shall again where the case is not defended by counsel explain the substance of the charge to the accused and shall inform the accused person that that accused person has a right to give evidence on oath from the witness box and that, if the accused person does so, that accused person will be liable to cross-examination; and the court shall ask that accused person whether that accused person has any witnesses to examine or other evidence to adduce in that accused person\u2019s defence, and shall then hear the accused and the accused person\u2019s witnesses, if any. (2) If the accused person states that the accused person has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court shall adjourn the trial and issue process or take other steps, as necessary, to compel the attendance of such witnesses.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Evidence in reply 72. If the accused person adduces evidence in the accused person\u2019s defence introducing new matter which the prosecutor could not reasonably have foreseen, the court may allow the prosecutor to adduce evidence in reply to rebut the said new matter.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Opening and closing of cases for prosecution and defence 73. (1) Subject to subsection (2), the prosecutor shall be entitled to address the court at the commencement of the prosecutor\u2019s case, and the accused person or the accused person\u2019s counsel shall be entitled to address the court at the commencement and in conclusion of the accused person\u2019s case. (2) If the accused person, or any one of several accused persons adduces any evidence, the prosecutor shall be entitled to address the court again, prior to the closing address, if any, of the accused person or persons or their counsel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Amendment of charge and variance between charge and evidence 74. (1) Where, at any stage of a trial it appears to the court that the charge is defective, either in substance or in form, the court may make such order for the alteration or addition of a charge, as the court thinks necessary to meet the circumstances of the case: Provided that where a charge is altered, added or substituted as aforesaid, the court shall thereupon call upon the accused person to plead to the altered or new charge: Criminal Procedure Code (2026 Revision) Provided further that in such case the accused person shall be entitled, if the accused person so wishes, to have the witnesses (or any of them) recalled to give evidence afresh or to be further cross-examined by the defence, and, in such last mentioned event, the prosecution shall have the right to re-examine any such witness on matters arising out of such further cross-examination. (2) Variance between a charge and the evidence adduced in support of it with respect to the day upon which the alleged offence was committed is not ordinarily material and the charge need not be amended for such variance if it is proved that the proceedings were in fact instituted within the time, if any, limited by law for the institution thereof and the actual date is not material on any other ground. (3) Where an alteration, addition or substitution of a charge is made under subsection (1) or there is a variance between the evidence and the charge as described in subsection (2), the court shall, if it is of the opinion that the accused has been thereby misled or deceived or may be prejudiced in the conduct of the accused person\u2019s defence, adjourn the trial for such period as may be reasonably necessary in the interest of justice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"The decision of the court 75. (1) The court, having heard both the prosecutor and the accused person and their witnesses, shall either \u2014 (a) convict the accused, if satisfied of the accused\u2019s guilt beyond a reasonable doubt and pass sentence upon the accused or make an order against the accused according to law and may, in its discretion, record or not record a conviction; or (b) acquit the accused person. (2) Notwithstanding subsection (1), the Court may, if it is of the opinion that it is not expedient to inflict any punishment notwithstanding that it finds the charge against the accused is proved, make an order discharging the accused absolutely or conditionally but no such order of discharge shall be made in respect of any prosecution instituted under sections 82 to 85 of the Traffic Act (2026 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Drawing up conviction 76. If the court convicts the accused person, a minute or memorandum thereof shall be then made and the conviction shall afterwards be drawn up by the magistrate under the magistrate\u2019s hand.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Acquittal of accused person to bar further proceedings 77. If the court acquits the accused person, the magistrate shall, when requested to do so, make an order for the dismissal of the charge and give the accused person a certificate thereof which, subject to sections 33, 34 and 35, shall without further proof be a bar to any subsequent charge for the same matter against the same person. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Limitation of time for proceedings for summary offences 78. Except where a longer time is specially allowed by law, no offence which is triable summarily shall be triable by a Summary Court unless the charge or complaint relating to it is laid within six months from the date on which evidence sufficient to justify proceedings came to the actual or constructive knowledge of a competent complainant: Provided that if the circumstances giving rise to the complaint or charge occurred upon a vessel upon the high seas, then the court shall have jurisdiction in respect thereof if the complaint or charge was laid within six months after the arrival of the vessel at that vessel\u2019s port of discharge in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Power of court in cases triable both summarily and on indictment 79. If, during the course of a trial before a Summary Court, in any case which may be tried summarily or on indictment it appears to the magistrate that the case is one which ought to be tried on indictment, the court may, upon application made by the prosecution or the accused person, stay all further proceedings in respect of the trial and in lieu therefor may hold a preliminary inquiry in accordance with this Code.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Special procedure in minor cases where the charge is admitted 80. (1) Notwithstanding anything contained in this Code, but subject to any directions given by the Judge under section 53(1), a magistrate may, in any case in which the accused person admits the offence, record the proceedings in accordance with this section. (2) Where subsection (1) applies it shall be sufficient compliance with the requirements of this Code relating to the manner of recording of evidence if the magistrate, when the accused makes a statement admitting the truth of the charge, instead or recording the accused person\u2019s statement in full, enters in the record a plea of guilty, and it shall be sufficient compliance with section 55 relating to the contents of the judgment, if the judgment of the court consists only of the finding, the specific offence to which it relates and the sentence or other order: Provided that a magistrate may be required by the Grand Court to state in writing the reasons for the magistrate\u2019s decision in any particular case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Where court awards imprisonment without option of fine, prisoner shall be committed to prison 81. Where a Summary Court convicts a person and orders that person to be imprisoned without the option of a fine, the court shall, by warrant, commit that person to prison, there to be imprisoned for the period mentioned in the warrant. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Powers of magistrate when imposing a fine 82. (1) A Summary Court, upon recording a conviction by which any sum is adjudged to be paid, may \u2014 (a) order imprisonment in the first instance unless such sum be paid forthwith; (b) allow time for the payment of the said sum; (c) direct payment to be made of the said sum by instalments; (d) direct that the person liable to pay the said sum shall be at liberty to give, to the satisfaction of the court or such person as may be specified by the person so liable, security, with or without a surety or sureties, for the payment of the said sum or of any instalment thereof, and such security may be enforced in the same manner as the payment of a fine; (e) issue a warrant of distress for the levying of the said sum; and (f) order imprisonment in default of sufficient distress or of the payment of any instalment: Provided that, subject to any other law, a sentence of imprisonment imposed by a Summary Court for non-payment of a fine shall not exceed five years. (2) Where a Summary Court has allowed time for the payment of any sum under paragraph (b) of subsection (1), it may, on application by or on behalf of the person liable to make the payment, allow further time for payment, or may direct payment of such sum by instalments.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Withdrawal of complaint 83. (1) With the leave of the court and notwithstanding any other provisions in this Part, the prosecutor may, at any time before a final order is passed, in any case triable summarily and in which the accused person has pleaded not guilty, withdraw the complaint. (2) On any withdrawal as aforesaid \u2014 (a) where the withdrawal is allowed after the accused person is called upon to make the accused person\u2019s defence, the court shall acquit the accused; or (b) where the withdrawal is allowed before the accused person is called upon for the accused person\u2019s defence, the court shall, subject to section 70, in its discretion make \u2014 (i) an order acquitting the accused; or (ii) an order discharging the accused. (3) An order discharging the accused under paragraph (b)(ii) of subsection (2) shall not operate as a bar to subsequent proceedings against the accused person on account of the same facts. Criminal Procedure Code (2026 Revision) PART 5 - Procedure for Committal of Accused for Trial before the Grand Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Power of court to commit for trial or transmit for hearing 84. Subject to this Code, the Evidence Act (2021 Revision) and the Summary Jurisdiction Act (2025 Revision), a Summary Court may \u2014 (a) commit any person for trial; or (b) transmit any matter for hearing, before the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Court to hold preliminary inquiry 85. Subject to section 85A, where a charge has been brought in a Summary Court against a person in respect of an offence which may be tried either summarily or on indictment and the prosecution or the accused person elects to have that charge tried on indictment, the court shall hold a preliminary inquiry in accordance with section 88. 85A. No preliminary inquiry for Category A offences 85A. (1) Where a charge has been brought in a Summary Court against a person in respect of a Category A offence, the court shall transmit the matter forthwith to the Grand Court for hearing and if that person is also charged with an offence which may be tried \u2014 (a) either summarily or on indictment; or (b) summarily only being an offence punishable by imprisonment, and the commission of that other offence appears to the court to be related to the commission of the Category A offence the court shall also transmit that matter forthwith to the Grand Court for hearing. (2) Where the court transmits a matter for hearing under subsection (1) and \u2014 (a) another person appears or is brought before the court on the same or a subsequent occasion charged jointly or may be tried jointly with the person referred to in subsection (1) for an offence which may be tried \u2014 (i) either summarily or on indictment; or (ii) summarily only being an offence punishable by imprisonment; and (b) that offence appears to the court to be related to the Category A offence, the court shall where it is the same occasion, and may where it is a subsequent occasion, transmit the matter forthwith to the Grand Court for hearing. (3) Where the court transmits a matter for hearing under subsection (1) or (2), it shall at the same time transmit any other matter to the Grand Court for hearing where that other matter \u2014 Criminal Procedure Code (2026 Revision) (a) arises from an offence which may be tried either summarily or on indictment; or (b) is a summary offence punishable with imprisonment, and is related to the Category A offence. (4) Where \u2014 (a) the court transmits a matter for hearing under subsection (1) or (2); and (b) a young person is brought before the court on the same or a subsequent occasion charged jointly or may be tried jointly for a Category A offence with a person referred to in subsection (1) or (2), and that matter has been transmitted for hearing, the court shall, if it considers it necessary in the interests of justice to do so, transmit the matter involving the young person forthwith to the Grand Court for hearing. (5) Where a court transmits a matter involving a young person for hearing under subsection (4), it may at the same time transmit to the Grand Court for hearing any other matter involving the young person where the offence may be tried either summarily or on indictment, or is a summary offence punishable by imprisonment, and the commission of that offence appears to the court to be related to the commission of the Category A offence. (6) Where, under this section, the court transmits a matter to the Grand Court, the court shall \u2014 (a) specify in a notice the offence or offences for which the matter is transmitted for hearing; (b) serve a copy of the notice on the person charged; and (c) provide a copy to the Grand Court. (7) In a case where there is more than one Category A offence and the court includes \u2014 (a) an offence which may be tried either summarily or on indictment; or (b) a summary offence punishable by imprisonment, in the notice under subsection (6), the court shall specify in that notice the Category A offence to which the offence which may be tried either summarily or on indictment, or summary offence punishable by imprisonment as the case may be, appears to the court to be related. (8) Where a matter has been transmitted to the Grand Court for hearing, it shall be first mentioned in the current session of the Grand Court for directions of the Court to be given. Criminal Procedure Code (2026 Revision) (9) Where a matter has been transmitted to the Grand Court under subsection (1) the provisions of Schedule 5 (which makes provision in relation to the dismissal of a matter transmitted to the Grand Court for trial) shall have effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Magistrate to read charge to accused and explain purpose of the proceedings 86. A magistrate conducting a preliminary inquiry shall, at the commencement of such inquiry, read over and explain to the accused person the charge in respect of which the inquiry is being held and shall explain to the accused person the purpose of the proceedings, namely, to determine whether there is sufficient evidence to put the accused person on trial before the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Repealed 87. Repealed by section 6 of the Criminal Procedure Code (Amendment) Act, 2011 [Law 7 of 2011].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Committal for trial on written statements 88. (1) Subject to subsection (2), a magistrate conducting a preliminary inquiry shall, where all the evidence before that magistrate, whether for the prosecution or the defence, consists of written statements (with or without exhibits) tendered to the court pursuant to section 33 of the Evidence Act (2021 Revision), commit the accused person to the Grand Court, in the current session, for the accused person to stand that person\u2019s trial for the offence without consideration of the contents of those statements. (2) Where \u2014 (a) the accused person or one of the accused persons does not have a counsel; or (b) the counsel for the accused person or one of the accused persons, as the case may be, request the court to consider a submission that the written statements disclose insufficient evidence to commit the accused person for trial before the Grand Court, the magistrate shall consider the contents of the written statements. (3) A magistrate shall not, where the magistrate is considering the written statements pursuant to subsection (2) \u2014 (a) take any oral evidence or statements from the accused; or (b) call any witnesses. (4) Subject to the Evidence Act (2021 Revision), where the magistrate considers the written statements and is satisfied that there is sufficient evidence to put the accused person on trial, the magistrate shall commit the accused person to the Grand Court, in the current session, for the accused person to stand that person\u2019s trial. Criminal Procedure Code (2026 Revision) (5) Where the magistrate commits an accused person to the Grand Court pursuant to subsection (1) or (4), the magistrate shall until the trial, either admit the accused person to bail or send the accused person to prison for safekeeping. (6) The warrant of the court shall be sufficient authority for the detention of the accused person by the officer in charge of a prison. (7) In the case of a corporation the court may, if it considers the evidence sufficient to put the accused corporation on trial, make an order authorising the Director of Public Prosecutions to file an indictment against such corporation, and for the purposes of this Code any such order shall be deemed to be a committal for trial. 88A. Power to join in indictment count for summary offence if punishable with imprisonment, etc. 88A. (1) Where a Summary Court commits a person to the Grand Court for trial on indictment for an offence which may be tried either summarily or on indictment or a number of such offences, it may also commit the person for trial for any summary offence with which the person is charged and which \u2014 (a) is punishable with imprisonment or involves obligatory or discretionary disqualification from driving; and (b) arises out of circumstances which appear to the court to be the same as or connected with those giving rise to the offence, or one of the offences which may be tried either summarily or on indictment, whether or not evidence relating to that summary offence appears on the written statements in the case; and the trial of the summary offence shall then be treated as if the Summary Court had adjourned it under section 21 of the Summary Jurisdiction Act (2025 Revision) and had not fixed the time and place for its resumption. (2) Where a Summary Court commits a person to the Grand Court for trial on indictment for a number of offences which may be tried either summarily or on indictment and exercises the power conferred by subsection (1) in respect of a summary offence, the Summary Court shall provide the Grand Court and the person who is committed for trial a notice stating which of the offences which may be tried either summarily or on indictment appear to the court to arise out of circumstances which are the same as or connected with those giving rise to the summary offence. (3) A Summary Court\u2019s decision to exercise the power conferred by subsection (1) shall not be subject to appeal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Variance between evidence and charge 89. No objection to a charge, summons or warrant for defect in substance or in form, or for variance between it and the evidence for the prosecution, shall be allowed at a preliminary inquiry. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Remand 90. (1) If, the court considers it necessary or advisable to postpone the commencement of or to adjourn the inquiry, the court may, from time to time by warrant, remand the accused for a reasonable time, not exceeding eight clear days at any one time, to some prison or other place of security; or, if the remand is not for more than three days, the court may, by word of mouth, order the officer or person in whose custody the accused person is, or any other fit officer or person, to continue to keep the accused in that person\u2019s custody, and to bring the accused up at the time appointed for the commencement or continuance of the inquiry. (2) During a remand the court may, at any time, order the accused to be brought before it and, subject to section 29 may, on a remand at any time, admit the accused to bail: Provided that the court shall grant no remand or sequence of remands exceeding in all fifteen clear days, otherwise than at the request of or with the consent of the prosecutor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Repealed 91. Repealed by section 11 of the Criminal Procedure Code (Amendment) Act, 2011 [Law 7 of 2011].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Repealed 92. Repealed by section 11 of Criminal Procedure Code (Amendment) Act, 2011 [Law 7 of 2011].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Discharge of accused person 93. (1) Where the magistrate considers the written statements and is not satisfied that there is sufficient evidence to put the accused person on trial, the magistrate shall forthwith order the accused person to be discharged as to the particular charge under inquiry. (2) A discharge under subsection (1) shall not be a bar to any subsequent charge in relation to the same facts. (3) Nothing contained in this section shall prevent the court from proceeding either forthwith, or after such adjournment of the inquiry as may seem expedient in the interests of justice, to investigate any other charge upon which the accused person may have been summoned or otherwise brought before the court. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Summary adjudication in certain cases 94. If, at the close of or during the preliminary inquiry, it shall appear to the court that the offence is of such a nature that it may suitably be dealt with under the powers possessed by the court and is not a case in which the accused having a right to elect to be tried on indictment has so elected, the court may, subject to this Code, hear and finally determine the matter and either convict the accused person or dismiss the charge: Provided that in every such case the accused shall be entitled to have recalled for further examination all witnesses whom the accused may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Repealed 95. Repealed by section 13 of the Criminal Procedure Code (Amendment) Act, 2011 [Law 7 of 2011].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Complainant and witnesses to be bound over 96. When an accused person is committed for trial before the Grand Court, subject to this Code and the Evidence Act (2021 Revision), with regard to witnesses who are about to leave the Islands or who are ill, the court committing the accused person shall bind by recognisance, with or without sureties as the court may deem requisite, the complainant and every witness to appear at the trial to prosecute or to prosecute and give evidence or to give evidence, as the case may be: Provided that if the complainant is acting on behalf of the Crown, the Director of Public Prosecutions, the Commissioner of Police or any department of the Government or is a public officer acting in that public officer\u2019s official capacity that person shall not be required to be bound by any recognisance or to give any security.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"Refusal to be bound over 97. If a person refuses to enter into such recognisance, the court may commit the person to prison or into the custody of any officer of the court, there to remain until after the trial, unless in the meantime the person enters into a recognisance. If afterwards, from want of sufficient evidence or other cause, the accused is discharged, the court shall order that the person imprisoned for so refusing be also discharged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Accused person entitled to copy of the written statements 98. A person who \u2014 (a) has been committed for trial; or (b) has had that person\u2019s matter transmitted for hearing, before the Grand Court shall be entitled at any time before the trial to have a copy of the written statements without payment. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Binding over of witness conditionally 99. (1) Where any person charged before a Summary Court with an offence triable upon indictment before the Grand Court is committed for trial, and it appears to the court after taking into account anything which may be said with reference thereto by the accused or the prosecutor, that the attendance at the trial of any witness who has provided a written statement is unnecessary by reason of anything contained in any statement by the accused person, or of the evidence of the witness being merely of a formal nature, the court shall, if the witness has not already been bound over, bind the witness over to attend the trial conditionally upon notice given to that witness and not otherwise, or shall, if the witness has already been bound over, direct that the witness shall be treated as having been bound over, to attend only conditionally as aforesaid, and shall transmit to the Grand Court a statement in writing of the names, addresses and occupations of the witnesses who are, or who are to be treated as having been bound over to attend the trial conditionally. (2) Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Director of Public Prosecutions or the person committed for trial may give notice, at any time before the opening of the sessions of the Grand Court, to the Summary Court and at any time thereafter to the Clerk that the Director of Public Prosecutions desires the witness to attend at the trial, and any such court or Clerk to whom any such notice is given shall forthwith notify the witness that the witness is required so to attend in pursuance of the witness\u2019s recognisance. (3) The Summary Court shall, on committing the accused person for trial, inform the accused person of that accused person\u2019s right to require the attendance at the trial of any such witness as aforesaid, and of the steps which the accused person must take for the purpose of enforcing such attendance. (4) Any documents or articles produced in evidence before the Summary Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with this section or the Evidence Act (2021 Revision), and marked as exhibits shall, unless in any particular case the magistrate otherwise orders, be retained by the Summary Court and forwarded with the depositions to the Clerk. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Deposition of witness who is ill or about to leave the Islands 100. If it is proved upon oath before any magistrate that any person is dangerously ill and unable to travel, or is about to leave the Islands for a period extending beyond the time when the accused, if committed for trial, would be tried, and that such person is able and willing to give material information as to any offence which the magistrate is not empowered to try summarily, and with which any person has been charged (whether the preliminary inquiry has or has not been held or is in progress but not after the accused has been discharged) the magistrate may take the deposition of such person at the place where such person is lying sick or, if such person is about to leave the Islands as aforesaid, in the court, in the manner prescribed by this Code, and shall, after taking it, sign it, adding to it by way of heading a statement of the reason for taking it, and of the day upon which and place at which it was taken, and of the names of the persons, if any, present at the taking thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Notice to be given 101. Whenever it is intended to take any such deposition as aforesaid, reasonable notice that it is intended so to be taken shall, if the accused is in prison be served upon the accused in prison, or if the accused is on bail shall be either served upon the accused or left with an adult person at the accused\u2019s last or most usual place of abode. If the accused is in prison, the magistrate shall, by an order in writing, direct the gaoler having the custody of the accused to cause the accused to be conveyed to the place where the deposition is to be taken, for the purpose of being present when the same is taken, and to be conveyed back to prison when it has been taken, but no accused person shall be taken to any such place (other than the court) for such a purpose without that person\u2019s consent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_102\", \"num\": \"102.\", \"text\": \"Magistrate to deal with the deposition as with any other deposition 102. If such deposition relates to an offence, the preliminary inquiry into which has ended, the magistrate taking it shall send it to the Clerk to be placed with the other depositions taken in the case, and if it relates to an offence with which some person has been charged, and as to which a preliminary inquiry is in progress, the magistrate shall deal with it as with any other deposition taken in the matter under preliminary inquiry; but such person as aforesaid so making a deposition shall not be called upon to enter into a recognisance to give evidence at the trial of the accused.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_103\", \"num\": \"103.\", \"text\": \"Such deposition to be admissible in evidence 103. Every deposition taken under section 100 shall be a deposition taken in the case to which it relates, and shall be admissible in evidence on the same conditions as other depositions: Criminal Procedure Code (2026 Revision) Provided that it shall be admissible against the accused although it may have been taken in the accused\u2019s absence, and may not have been read over to the witness in the accused\u2019s presence, and although neither the accused nor the accused\u2019s counsel had any opportunity of cross-examining the witness, if it is proved that the accused having received such notice aforesaid that such deposition was about to be taken, refused or neglected to be present, or to cause the accused\u2019s counsel to be present when it was taken: Provided also that if it is proved that the person whose evidence has been taken as aforesaid has so recovered from that person\u2019s sickness or returned to the Islands as to be able to be present at the sessions at which the accused is tried, such deposition so taken as aforesaid shall not be read.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_104\", \"num\": \"104.\", \"text\": \"Accused to have the same privileges as prosecutor under section 103 104. Any person charged with having committed an offence not punishable summarily may, on notice to the complainant, require that the evidence of any such person as in section 100 mentioned may be taken on behalf of the defence in like manner, and any deposition so taken shall be dealt with and be admissible in evidence on the same conditions as other depositions and on conditions corresponding to those mentioned in section 103.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_105\", \"num\": \"105.\", \"text\": \"Transmission of records to Grand Court and Director of Public Prosecutions 105. In the event of a committal for trial the written charge, the written statements, the recognisances of the complainant and the witnesses, the recognisances of bail, if any, and any documents or things which have been put in evidence shall be transmitted without delay by the committing court to the Clerk, and an authenticated copy of the written statements and any documentary exhibits shall be supplied to the Director of Public Prosecutions at the same time by the Summary Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_106\", \"num\": \"106.\", \"text\": \"Power of Director of Public Prosecutions to refer case back to magistrate for further preliminary inquiry 106. (1) After the receipt by the Director of Public Prosecutions of an authenticated copy of the depositions, recognisances and other documents forwarded to the Director of Public Prosections in relation to any case committed for trial, the Director of Public Prosecutions may, at any time, refer back such documents to the Summary Court with directions to re-open the inquiry for the purpose of taking evidence or further evidence on a certain point or points to be specified, and with such directions as the Director of Public Prosecutions may think proper. (2) Subject to any express directions which may be given by the Director of Public Prosecutions, the effect of any such reference back to the Summary Court shall be that the inquiry shall be reopened and dealt with in all respects as if the accused person had not been committed for trial. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_107\", \"num\": \"107.\", \"text\": \"Mode of trial upon committal to the Grand Court and preferment of indictment 107. (1) Every person committed for trial before the Grand Court shall be tried on an indictment preferred by the Director of Public Prosecutions, and such a trial shall be had by and before a Judge and a jury to be summoned, drawn and empanelled according to the Judicature Act (2021 Revision). (2) Every such indictment shall be drawn up in accordance with this Code and when signed by the Director of Public Prosecutions shall be filed in the office of the Grand Court together with such additional copies thereof as are necessary for service upon the accused person or persons. (3) In any such indictment the Director of Public Prosecutions may charge the accused person with any offence which, in the Director of Public Prosecutions\u2019 opinion, is disclosed by the written statements either in addition to or in substitution for the offence upon which the accused person has been committed for trial.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_108\", \"num\": \"108.\", \"text\": \"Voluntary indictment 108. (1) Notwithstanding section 107, a person may be tried before the Grand Court on an indictment preferred by the direction, or with the consent, of the Grand Court. (2) An indictment under subsection (1) shall be preferred in accordance with rules set out in Schedule 4.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_109\", \"num\": \"109.\", \"text\": \"Notice of trial 109. The Clerk shall endorse or annex to every indictment filed as aforesaid, and to every copy thereof delivered to the officer of the court for service thereof, a notice of trial, which notice shall specify the particular session of the Grand Court at which the accused person is to be tried on the said indictment, and shall be in the following form, or as near thereto as may be \u2014 \u201cA.B. Take notice that you will be tried on the indictment whereof this is a true copy at the sessions of the Grand Court to be held at                               commencing on the         day of                         , 20    .\u201d. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_110\", \"num\": \"110.\", \"text\": \"Service of copy of indictment and notice of trial 110. (1) The Clerk shall deliver or cause to be delivered to the officer of the court serving the indictment a copy thereof with the notice of trial endorsed on the same or annexed thereto, and, if there are more accused persons committed for trial than one, then as many copies as there are such accused persons; and the officer of the court aforesaid shall, as soon as may be after having received the copy or copies of the indictment and notice or notices of trial, and three days at least before the day for trial, by the officer of the court or that officer\u2019s deputy or other officer, deliver to the accused person or persons committed for trial the said copy or copies of the indictment and notice or notices, and explain to the said persons the nature and exigency thereof; and when any accused person shall have been admitted to bail and cannot readily be found, the officer of the court shall leave a copy of the said indictment and notice of trial with someone of the accused person\u2019s household for the accused person at the accused person\u2019s dwelling house or with someone of the accused person\u2019s bail for the accused person, and if none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling house or dwelling-houses of the accused person or of any of the accused person\u2019s bail: Provided that nothing herein contained shall prevent any person committed for trial, and in custody at the opening of or during any sessions of the Grand Courts from being tried thereat, if that person shall express that person\u2019s assent to be so tried and no special objection be made thereto on the part of the Crown. (2) The officer serving the copy or copies of the indictment and notice or notices of trial shall forthwith make to the Clerk a return of the mode of service thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_111\", \"num\": \"111.\", \"text\": \"Postponement of trial 111. (1) The Grand Court upon the application of the prosecutor or the accused persons, if the court considers that there is sufficient cause for the delay, may postpone the trial of any accused person to the next session of the court or to a subsequent session and may, respite the recognisances of the prosecutor and witnesses, in which case the respited recognisances to prosecute and give evidence at such subsequent session shall have the same effect as the original recognisances would have had. (2) The Grand Court may give such directions for the amendment of the indictment and the service of any notices as the court may deem necessary in consequence of any order made under subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_112\", \"num\": \"112.\", \"text\": \"Restrictions on reports of committal proceedings 112. (1) Except as provided in this section, it shall not be lawful to publish in the Islands a written report, or to broadcast a report, of any committal proceedings containing any matter other than that permitted by subsection (6). Criminal Procedure Code (2026 Revision) (2) Subject to subsection (3), the court shall, on an application for the purpose made with reference to any such committal proceedings by the accused person or one of the accused persons, as the case may be, order that subsection (1) shall not apply to reports of those proceedings. (3) Where, in the case of two or more accused persons, one of them objects to the making of an order under subsection (2), the court shall make the order only if it is satisfied after hearing the representations of the accused persons, that it is in the interests of justice to do so. (4) An order under subsection (2) shall not apply to reports of proceedings under subsection (3), but any decision of the court to make or not to make such an order may be contained in reports published or broadcast before the time authorised by subsection (5). (5) It shall not be unlawful under this section to publish or broadcast a report of committal proceedings containing any matter other than that permitted by subsection (6) \u2014 (a) where the court determines not to commit the accused person, or determines to commit none of the accused persons, for trial, after it so determines; or (b) where the court commits the accused person or any of the accused persons for trial, after the conclusion of the accused person\u2019s trial or as the case may be, the trial of the last to be tried, and where at any time during a summary trial the court determines to commit the accused person or persons for trial under section 79, it shall not be unlawful under this section to publish or broadcast as part of a report of the summary trial, after the court so determines, a report of so much of the committal proceedings containing any such matter as takes place before such determination. (6) The following matters may be contained in a report of committal proceedings published or broadcast without an order under subsection (2) before the time authorised by subsection (5) \u2014 (a) the identity of the Court and the name of the magistrate; (b) the names, addresses and occupations of the parties and witnesses, and the ages of the accused persons and witnesses; (c) the offence or offences, or a summary of them, with which the accused person or persons is or are charged; (d) the names of counsel engaged in the proceedings; (e) any decision of the court to commit the accused person or any of the accused persons for trial, the charge or charges, or a summary of them, on which the accused person or any of the accused persons is or are committed; Criminal Procedure Code (2026 Revision) (f) where the committal proceedings are adjourned, the date and place to which they are adjourned; (g) any arrangements as to bail on committal or adjournment; and (h) whether a legal aid certificate under the Legal Aid Act, 2015 [Law 17 of 2015] was granted to the accused persons or any of them. (7) If a report is published or broadcast in contravention of this section, the following person \u2014 (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a written report otherwise than as a part of a newspaper or periodical, the person who publishes it; or (c) in the case of a broadcast of a report, any body corporate which transmits or provides the programme in which the report is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical, commits an offence and is liable on summary conviction to a fine of five thousand dollars. (8) Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other law with respect to the publication of reports and proceedings of courts. (9) In this section \u2014 \u201cbroadcast\u201d means broadcast by wireless telegraphy sounds or visual images intended for general reception; \u201ccommittal proceedings\u201d shall be deemed to include any proceedings in the court before it proceeds to hold the preliminary enquiry; and \u201cpublish\u201d in relation to a report, means publish the report or any part thereof, either by itself or as a part of a newspaper or periodical, for distribution to the public. (10) Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Director of Public Prosecutions. Criminal Procedure Code (2026 Revision) PART 6 - Procedure in Trials before the Grand Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_113\", \"num\": \"113.\", \"text\": \"Practice of Grand Court in the exercise of its criminal jurisdiction 113. Subject to this Code and to any other law for the time being in force in the Islands, the practice of the Grand Court in the exercise of its criminal jurisdiction and the mode of conduct and procedure at the trial of any person upon indictment shall be assimilated so far as circumstances admit to the practice of courts of equivalent jurisdiction in England.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_114\", \"num\": \"114.\", \"text\": \"Bench warrant where accused does not appear 114. Where any person against whom an indictment has been preferred, and who is at large, does not appear to plead to the indictment, whether the person is under recognisance or not, the court may issue a warrant for that person\u2019s arrest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_115\", \"num\": \"115.\", \"text\": \"Bringing up prisoner for trial 115. If any person against whom an indictment is preferred is at the date appointed for the trial thereof confined in prison for some other cause, the court, by order in writing, may direct the gaoler to bring up the accused as often as may be required for the purpose of the trial and such order shall be sufficient authority therefor and shall be obeyed by the gaoler. Any such person shall for all purposes be deemed to be in lawful custody during the period when such person is absent from prison in accordance with any such order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_116\", \"num\": \"116.\", \"text\": \"Arraignment of accused 116. (1) An accused person to be tried before the Grand Court upon an indictment shall be placed at the bar unfettered, unless the court shall see cause otherwise to order, and the indictment shall be read over to the accused person by the Clerk or other officer of the court and explained or interpreted to the accused person if need be, and such accused person shall be required to plead instantly thereto, unless the accused person shall object that a copy of the indictment has not previously been served upon such accused person under section 110 or the accused person raises objection to the indictment as hereafter in this Code provided. (2) In the case of a corporation, the corporation may, by its representative, enter a plea in writing, and if either the corporation does not appear by its representative, or, though it does so appear, fails to enter a plea, the court shall cause a plea of not guilty to be entered. (3) For the purposes of subsection (2), a representative of a corporation need not be appointed under the seal of the corporation, and a statement in writing to be signed by the managing director of the corporation or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named Criminal Procedure Code (2026 Revision) in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_117\", \"num\": \"117.\", \"text\": \"Objection to indictment on grounds of insufficiency of particulars 117. No count in an indictment shall be quashed upon the ground only that it contains insufficient particulars, but in any such case if objection is taken to any count by the accused person, or if in default of such objection it appears to the court that the interest of justice so requires, the court may order that the prosecution furnish such particulars in support of the charge as it may consider necessary for a fair trial and a copy of any such particulars shall be given to the accused or the accused\u2019s counsel without charge, and the trial shall proceed thereafter as if the indictment had been amended in conformity with the particulars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_118\", \"num\": \"118.\", \"text\": \"Amendment of indictment, separate trial and postponement of trial 118. (1) Where, before a trial upon indictment or at any stage of such trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court considers necessary to meet the circumstances unless, having regard to the merits of the case, the required amendments cannot be made without injustice. Any such amendments shall be made upon such terms as to the court shall seem just. (2) When an indictment is amended under this section, a note of the order for amendment shall be endorsed on the indictment and thereafter the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. (3) Where, before a trial upon indictment or at any stage of such trial, the court is of the opinion that the accused may be prejudiced or embarrassed in the accused person\u2019s defence by reason of being charged with more than one offence in the same indictment, or that for any reason it is desirable to direct that where there are two or more accused persons they should be tried separately, the court may order the separate trial of any count or counts in such indictment or the separate trial of any accused persons charged in the same indictment. (4) Where, before a trial upon indictment or at any stage of such trial, the court is of the opinion that the postponement of the trial is expedient as a consequence of the exercise of any power of the court under this section or any other provisions of this Code, the court shall make such order as to the postponement of the trial as appears necessary. (5) Where an order of the court is made under this section for a separate trial or for postponement of a trial \u2014 (a) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate indictment, and the Criminal Procedure Code (2026 Revision) procedure on the postponed trial shall be the same in all respects as if the trial had not commenced; and (b) the court may make such order as to admitting the accused to bail and as to the enlargement of recognisances and otherwise as the court may think fit. (6) Any power conferred upon the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_119\", \"num\": \"119.\", \"text\": \"Quashing of indictment 119. (1) No objection to an indictment shall be taken by way of demurrer, but if any indictment does not state in substance an indictable offence or states an offence not triable by the court, the accused may move the court to quash it or in arrest of judgment. (2) If the motion is made before the accused pleads, the court shall either quash the indictment or amend it, if having regard to the interest of justice it considers that it is proper that it should be amended. (3) If the defect in the indictment appears to the court during the trial and the court does not think fit to amend it, it may, in its discretion, quash the indictment or leave the objection to be taken in arrest of judgment. (4) If the indictment is quashed, the court may direct the accused to plead to another indictment founded on the same facts when called on at the same session of the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_120\", \"num\": \"120.\", \"text\": \"Charge of previous conviction 120. Where an indictment contains a count charging the accused with having been previously convicted of or charged with an offence, the accused shall not, at the time of the accused\u2019s arraignment, be required to plead to it unless the accused pleads guilty to the rest of the indictment, nor shall the count be mentioned to the jury when the accused is given in charge to them, or when they are sworn, nor shall the accused be tried upon it if the accused is acquitted on the other counts; but, if the accused is convicted on any other part of the indictment the accused shall be asked whether the accused has been previously convicted or charged as alleged or not, and, if the accused says that the accused has not or does not say that the accused has been so convicted or charged, the jury shall be charged to inquire into the matter as in other cases.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_121\", \"num\": \"121.\", \"text\": \"Pleading to the indictment 121. When the accused is called upon to plead, the accused may plead either guilty or not guilty, or such other special pleas as are provided in this Code. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_122\", \"num\": \"122.\", \"text\": \"Refusal or incapacity to plead 122. (1) If an accused person upon being arraigned upon any indictment stands mute of malice or will not, or by reason of infirmity cannot, answer directly to the indictment, the court may, if it thinks fit, order the Clerk or other proper officer of the court to enter a plea of not guilty on behalf of such person and the plea so entered shall have the same force and effect as if such person had actually pleaded the same. (2) If it appears, before or upon arraignment, that an accused person may be mentally impaired, the court may order a jury to be empanelled to try the accused person\u2019s sanity, and the jury shall thereupon, after hearing evidence for that purpose, find whether the accused person is or is not insane and unfit to stand the accused person\u2019s trial. If the finding of the jury is that the accused person is insane and unfit to stand that accused person\u2019s trial, section 159 shall apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_123\", \"num\": \"123.\", \"text\": \"Proceedings when plea made 123. (1) If upon arraignment the accused pleads guilty the accused may be convicted thereon. (2) If upon arraignment the accused pleads not guilty, or if a plea of not guilty is entered upon the accused behalf in accordance with section 122, the court shall proceed to try the case. (3) Every plea, including any special plea hereafter in this Code provided for shall be entered by the Clerk, or other proper officer of the court, on the back of the indictment or on a sheet of paper annexed thereto.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_124\", \"num\": \"124.\", \"text\": \"Special pleas allowed to be pleaded 124. (1) The following special pleas, and no others, may be pleaded, that is to say, a plea of autrefois acquit, a plea of autrefois convict and a plea of pardon. (2) All other grounds of defence may be relied on under the plea of not guilty. (3) The pleas of autrefois acquit, autrefois convict and pardon may be pleaded together, and shall, if pleaded, be disposed of before the accused is called on to plead further; and if every such plea is disposed of against the accused, the accused shall be allowed to plead not guilty. (4) In any plea of autrefois acquit or autrefois convict it shall be sufficient for the accused to state that the accused has been lawfully acquitted or convicted, as the case may be, of the offence charged in the count to which the plea is pleaded. (5) Every special plea shall be in writing, or, if pleaded orally, shall be reduced to writing, and shall be filed with the Clerk. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_125\", \"num\": \"125.\", \"text\": \"General effect of pleas of autrefois acquit and autrefois convict 125. (1) If, on the trial of an issue on a plea of autrefois acquit or autrefois convict, it appears that the matter on which the accused was tried on the former trial is the same in whole or in part as that on which it is proposed to try the accused, and that the accused might, on the former trial, have been convicted of any of the offences of which the accused may be convicted on the count to which the plea is pleaded, subject to subsection (2), the court shall give judgment that the accused be discharged from those counts which relate to such offences of which the accused might on the former trial have been convicted. (2) If it appears that the accused might, on the former trial, have been convicted of any offence of which the accused may be convicted on the count to which the plea is pleaded, but that the accused may be convicted also on that count of some offence of which the accused could not have been convicted on the former trial, the court shall direct that the accused shall not be convicted on that count of any offence of which the accused might have been convicted on the former trial, but that the accused shall plead over as to the other offence charged. (3) Upon the trial of an issue to which this section refers, the Judge shall determine whether in law the accused was convicted or liable to be convicted of any offence of which the accused stands charged or may be convicted on the count to which the accused has pleaded autrefois acquit or autrefois convict; but any issue of fact arising in relation thereto shall be for determination by the jury and the Judge may, if the Judge shall think fit, require the jury to return a special verdict in relation thereto.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_126\", \"num\": \"126.\", \"text\": \"Effect where previous offence charged was without aggravation 126. (1) Subject to section 34, where an indictment charges substantially the same offence as that charged in the indictment on which the accused was given in charge on a former trial, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous acquittal or conviction shall be a bar to the subsequent indictment. (2) A previous acquittal or conviction on an indictment for murder shall be a bar to a second indictment for the same homicide charging it as manslaughter; and a previous acquittal or conviction on an indictment for manslaughter shall be a bar to a second indictment for the same homicide charging it as murder.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_127\", \"num\": \"127.\", \"text\": \"Use of depositions, etc., on former trial, or trial of special plea 127. On the trial of an issue on a plea of autrefois acquit or autrefois convict, the depositions transmitted to the court on the former trial, together with the Judge\u2019s notes, if available, and the depositions transmitted to the court on the subsequent charge or the copy of the record of the Summary Court, as the case may be, shall be admissible in evidence to prove or disprove the identity of the charges. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_128\", \"num\": \"128.\", \"text\": \"Power to postpone or adjourn trial 128. (1) If, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn any trial, the court may, from time to time, postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable, and may remand the accused to the prison or other place of security, or may admit the accused to bail. During any remand the court may, at any time, order the accused to be brought before it. (2) Subject to subsection (1), when the accused is given in charge to the jury the trial shall proceed continuously.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_129\", \"num\": \"129.\", \"text\": \"Election of trial by Judge alone 129. (1) If an accused person is of the opinion that, due to the nature of the case or of the surrounding circumstances, a fair trial with a jury may not be possible, the accused person may, at least twenty-one days before the date of the trial or the date of arraignment, whichever is earlier, elect to be tried by a Judge alone; and such election shall be made by notice in writing addressed to the Clerk. (2) Notwithstanding subsection (1), a judge may permit an accused person to make an oral or written election at any time before a jury is empanelled where such accused person has proven that, because of exigent circumstances, it was not possible for such accused person to make an election within the time limit specified in subsection (1). (3) Thereupon the trial shall proceed before a Judge alone, and, mutatis mutandis, Part 4 shall apply thereto: Provided that nothing in this section shall abridge or derogate from the powers conferred on a Judge by this or any other law. (4) If any difficulty shall arise in respect of any such trial by a Judge alone, the court may give directions as to the procedure to be followed for the removal of such difficulty. (5) Where there are two or more accused persons joined in the same indictment, the election mentioned in subsection (1) shall only be exercisable by all such accused persons jointly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_130\", \"num\": \"130.\", \"text\": \"Procedure relating to jurors 130. All matters relating to the calling, challenging, empanelling or swearing of jurors, or otherwise in respect of any matter relating to juries for which no express provision is made in this Code, shall be conducted in accordance with the Judicature Act (2021 Revision). Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_131\", \"num\": \"131.\", \"text\": \"Giving prisoner in charge of the jury 131. When a full jury have been sworn, the Clerk shall call the prisoner to the bar and, addressing the members of the jury, shall state the substance of the offences charged in the indictment and shall say \u201cto this indictment the prisoner has pleaded not guilty and it is your charge to say, having heard the evidence, whether the prisoner be guilty or not guilty\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_132\", \"num\": \"132.\", \"text\": \"Case for the prosecution 132. After the accused has been given in charge to the jury or when the jury have been sworn, the counsel for the prosecution may open the case against the accused, and adduce evidence in support of the charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_133\", \"num\": \"133.\", \"text\": \"Additional witnesses for the prosecution 133. (1) No witness who has not given evidence at the preliminary inquiry shall be called by the prosecution at any trial unless the accused person has received reasonable notice in writing of the intention to call such witness. (2) A notice under subsection (1) shall state the witness\u2019s name and give the substance of the evidence which the witness intends to give. It shall be for the court to determine in any particular case what notice is reasonable, regard being had to the time when and the circumstances under which the prosecution became acquainted with the nature of the witness\u2019s evidence and decided to call that person as a witness.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_134\", \"num\": \"134.\", \"text\": \"Cross-examination of prosecution witnesses 134. Subject to the Evidence Act (2021 Revision), the witnesses called for the prosecution shall be subject to cross-examination by the accused person or the accused person\u2019s counsel, and to re-examination by the prosecution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_135\", \"num\": \"135.\", \"text\": \"Depositions may be read in certain cases 135. Where any person has been committed for trial for any offence, the deposition of any person taken before the committing court may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person whether for that offence or for any other offence arising out of the same transaction, or set of circumstances, as that offence. The conditions hereinafter referred to are the following \u2014 (a) the deposition must be the deposition either \u2014 (i) of a witness whose attendance at the trial is stated to be unnecessary in accordance with section 99; (ii) of a witness who is proved at the trial, by the oath of a credible witness, to be dead, insane, absent from the Islands, so ill as not to be able to travel or otherwise incapable of giving evidence; Criminal Procedure Code (2026 Revision) (iii) of a witness who is proved to the satisfaction of the court, by evidence on oath, to be kept away by means of the procurement of the accused or on the accused\u2019s behalf; or (iv) under the Evidence Act (2021 Revision); and (b) the deposition must purport to be signed by the magistrate before whom it purports to have been taken: Provided that this section shall not, subject to the Evidence Act (2021 Revision), have effect in any case in which it is proved \u2014 (i) that the deposition was not in fact signed by the magistrate before whom it purports to have been signed; or (ii) that the deposition is that of a witness whose attendance at the trial was stated to be unnecessary as aforesaid, and the witness has been duly notified subsequently that that witness is required to attend the trial.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_136\", \"num\": \"136.\", \"text\": \"Statement of accused 136. The statement or evidence, if any, of the accused person duly recorded by or before the committing court, and whether signed by the accused person or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement or evidence did not in fact sign it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_137\", \"num\": \"137.\", \"text\": \"Close of case for prosecution 137. (1) When the evidence of the prosecution witnesses has been concluded the court may, before or after considering any statement or hearing any evidence of the accused, invite first the prosecution and thereafter (at its discretion) the defence to address it upon the question of whether there is sufficient evidence before the court to warrant conviction of the accused, or any one or more of several accused of the offence charged or any relevant offence and if, either before or after hearing the address by the defence, it considers there is no such evidence it shall discharge the accused concerned and enter a verdict of not guilty with respect to such accused. (2) When the evidence of the witnesses for the prosecution has been concluded, and the statement or evidence, if any, of the accused person before the committing court has been given in evidence, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall, if they are not being defended by counsel, inform each such accused person of that accused person\u2019s right to address the court, either personally or by that accused person\u2019s counsel, if any, to give evidence on that accused person\u2019s own behalf and to call witnesses in that accused person\u2019s defence, and in all cases shall require that accused person or that accused person\u2019s counsel to state whether it is intended to call any witnesses as Criminal Procedure Code (2026 Revision) to fact other than the accused person. Upon being informed thereof, the Judge shall record the same.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_138\", \"num\": \"138.\", \"text\": \"Case for the defence 138. The accused person or the accused person\u2019s counsel may then open the accused person\u2019s case, stating the facts and law on which the accused person intends to rely, and making such comments as the accused person thinks necessary on the evidence for the prosecution. The accused person and the accused person\u2019s witnesses may then give evidence and the accused person or the accused person\u2019s counsel may examine such witness, if any, and, after their cross-examination by the prosecution and reexamination, if any, and any address by the prosecution under section 13, may sum up the accused person\u2019s case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_139\", \"num\": \"139.\", \"text\": \"Additional witnesses for the defence 139. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance. If the accused person apprehends that any such witness will not attend the trial voluntarily, the accused person shall be entitled to apply for the issue of process to compel such witness\u2019s attendance: Provided that no accused person or prosecutor shall be entitled as of right to any adjournment to secure the attendance of any witness unless that person shows that such person could not, by reasonable diligence, have taken earlier steps to obtain the presence of the witness.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_140\", \"num\": \"140.\", \"text\": \"Evidence in reply ex improviso 140. If the accused person adduces evidence in the accused person\u2019s defence introducing new matter which the prosecution could not have foreseen, the court may allow the prosecution to call evidence in reply to rebut such new matter.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_141\", \"num\": \"141.\", \"text\": \"Where accused adduces no evidence 141. If the accused person says that that accused person does not desire to call evidence and the court considers that there is evidence on which the accused person could be convicted of the offence, counsel on both sides or the accused person, if the accused person is unrepresented, may address the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_142\", \"num\": \"142.\", \"text\": \"Right of reply 142. Upon the trial of any person on indictment, the time at which the prosecution is entitled to exercise any right of reply shall, notwithstanding any other law or practice, be after the close of the evidence for the defence and before the closing speech, if any, by or on behalf of the accused. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_143\", \"num\": \"143.\", \"text\": \"Court may require witness to be called 143. If the court is of the opinion that any witness who is not called for the prosecution ought to be so called, it may require the Crown to call that witness and, if the witness is not in attendance, may make an order that that witness\u2019s attendance be procured and adjourn the further hearing of the case until the witness attends, or may on the application of the accused discharge the jury and postpone the trial.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_144\", \"num\": \"144.\", \"text\": \"Recalling a witness 144. The Judge shall have power in the Judge\u2019s discretion at any stage of the trial, prior to the conclusion of the summing up, to call any witness, whether or not such witness has been called before the court in the course of the trial or not and to examine such witness. If a witness for the Crown is recalled by the Judge or by leave of the Judge, the accused or the accused\u2019s counsel shall be allowed to cross-examine the witness on the new evidence given. In any other case a witness called under this section may only be cross-examined by either party with the leave of the Judge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_145\", \"num\": \"145.\", \"text\": \"Summing up by the Judge 145. When the case on both sides is closed the Judge shall, as necessary, sum up the law and the evidence in the case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_146\", \"num\": \"146.\", \"text\": \"Consideration of verdict by jury 146. After the summing up, the jury shall consider the verdict either as a whole or in answer to specific questions put by the Judge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_147\", \"num\": \"147.\", \"text\": \"Recording of verdict 147. The verdict, when returned by the jury and accepted by the court, shall be entered by the Clerk, on the back of the indictment, or on a sheet of paper annexed thereto, before the jury are discharged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_148\", \"num\": \"148.\", \"text\": \"Verdict of not guilty 148. If the jury find the accused not guilty, the accused shall be immediately discharged from custody on that indictment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_149\", \"num\": \"149.\", \"text\": \"Calling upon the accused 149. If the accused person is convicted, or if the accused pleads guilty, the Clerk shall ask the accused person if that accused person has anything to say why sentence should not be passed upon that accused person according to law, but the omission so to ask the accused person shall have no effect upon the validity of the proceedings. Criminal Procedure Code (2026 Revision) 149A. Treatment of summary offence by Grand Court when joined on indictment pursuant to section 88A 149A.(1) Where the Summary Court commits a person to the Grand Court pursuant to section 88A, the committal of that person in respect of a summary offence shall not preclude the exercise in relation to the offence of the power conferred by that section; but where that person is tried on indictment for such an offence and is acquitted the functions of the Grand Court under that section in relation to the offence shall cease. (2) If the person is convicted on the indictment, the Grand Court \u2014 (a) shall consider whether the conditions specified in section 88A(1) were satisfied; and (b) if they were satisfied, it shall state to the person the substance of the summary offence and ask the person whether that person pleads guilty or not guilty. (3) If the person pleads guilty, the Grand Court shall convict that person, but may only deal with that person in respect of that offence in the manner in which a Summary Court could have dealt with that person. (4) If the person does not plead guilty, the Grand Court shall remit the matter to the Summary Court in respect of the offence except as provided by subsection (5). (5) If the prosecution informs the Grand Court that they will not submit evidence on the charge relating to the summary offence, the Grand Court shall dismiss it. (6) The Grand Court shall inform the clerk of the Summary Court of the outcome of any proceedings under this section. (7) Where the Court of Appeal allows an appeal against conviction of an offence which may be tried either summarily or on indictment which arose out of circumstances which were the same as or connected with those giving rise to a summary offence of which the appellant was convicted under this section \u2014 (a) it may set aside the conviction of the summary offence and give the clerk of the Summary Court notice that it has done so; and (b) it may \u2014 (i) remit the summary offence to the Summary Court to be re-tried; or (ii) direct that no further proceedings in relation to the offence are to be undertaken, and the proceedings before the Grand Court in relation to the offence shall thereafter be disregarded for all purposes. (8) A notice under subsection (7) shall include particulars of any direction given under paragraph (b)(i) of that subsection in relation to the offence. Criminal Procedure Code (2026 Revision) (9) The references to the clerk of the Summary Court in this section are to be construed in accordance with section 10 of the Summary Jurisdiction Act (2025 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_150\", \"num\": \"150.\", \"text\": \"Motion in arrest of judgment 150. (1) The accused person may, at any time before sentence whether on the accused person\u2019s plea or otherwise, move in arrest of judgment on the ground that the indictment does not, after any amendment which the court is willing and has power to make, state any offence which the court has power to try. (2) The court may, in its discretion, either hear and determine the matter during the same sitting or adjourn the hearing thereof to a future date to be fixed for that purpose. (3) If the court decides in favour of the accused that accused person shall be discharged from that indictment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_151\", \"num\": \"151.\", \"text\": \"Evidence for arriving at proper sentence 151. The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the sentence proper to be passed and may hear counsel on any mitigation or other circumstances which may be relevant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_152\", \"num\": \"152.\", \"text\": \"Sentence 152. If no motion in arrest of judgment is made, or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the session of the court in which the trial took place or may, in its discretion, discharge the accused person on the accused person\u2019s own recognisances or on that of such sureties as the court may think fit, or both, to appear and receive judgment at the same or some future sitting of the court or when called upon.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_153\", \"num\": \"153.\", \"text\": \"Recording of judgment 153. The judgment or sentence of the court shall be entered by the Clerk on the back of the indictment or on a sheet of paper annexed thereto.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_154\", \"num\": \"154.\", \"text\": \"Power to allow time for payment 154. Where, upon conviction of the accused person, the court adjudges the payment of any sum, it may \u2014 (a) require immediate payment of the full amount; (b) allow time for payment; or (c) direct that payment be made in instalments, and where time is allowed for payment it may, on application by or on behalf of the person liable to make the payment, allow further time. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_155\", \"num\": \"155.\", \"text\": \"Objections cured by verdict 155. No judgment shall be stayed or reversed on the ground of any objection, which if stated after the indictment was read over to the accused person, or during the progress of the trial, might have been amended by the court, nor for any informality in swearing the witnesses or any of them.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_156\", \"num\": \"156.\", \"text\": \"Time for raising objections 156. The proper time for making objections at a trial on the grounds of improper admission or rejection of evidence, or any irregularity or informality in the proceedings (other than defects in the indictment) is \u2014 (a) if the objection is to admission or rejection of evidence, at the time of such admission or rejection; (b) if the irregularity or informality occurs before verdict, before such verdict; or (c) if the irregularity or informality occurs in the giving of the verdict or at any time before sentence is pronounced, before sentence is pronounced, and the court shall so far as possible correct any irregularity or informality which occurs in the proceedings and may direct the trial to be recommenced, for this purpose, at any stage before the verdict is given: Provided that nothing in this section shall be construed as being in derogation of any powers conferred upon the Court of Appeal to entertain any appeal in the exercise of its criminal jurisdiction under the Court of Appeal Act (2023 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_157\", \"num\": \"157.\", \"text\": \"Minutes of proceedings in trial before Grand Court 157. (1) The Clerk shall cause to be preserved all indictments and all depositions filed with or transmitted to the Clerk, and the Clerk shall keep a book, to be called the Court Minute Book, and such a book shall be the property of the court and shall be deemed a record thereof. (2) The indictment, the plea or pleas thereto, the verdict and the judgment or sentence of the court, the date thereof, the name of the Judge and the number of the case shall form and constitute the record of the proceedings in each case and shall be kept and preserved in the office of the court. PART 7 - Procedure Relating to Persons Found Insane\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_158\", \"num\": \"158.\", \"text\": \"Special verdict where accused found insane at time of offence charged 158. Where in an indictment \u2014 (a)  an act or omission is charged against a person as an offence; and Criminal Procedure Code (2026 Revision) (b)  it is given in evidence on that person\u2019s trial for that offence that that person was insane so as not to be responsible, according to law, for that person\u2019s actions at the time when the act was done or omission made, then, if it appears to the jury before whom that person is tried that that person did the act or made the omission charged but was insane at the time when that person did the act or made the omission, the jury shall return a special verdict that the accused is not guilty of the act or omission by reason of insanity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_159\", \"num\": \"159.\", \"text\": \"Powers to deal with persons not guilty by reason of insanity or unfit to plead etc. 159. (1) Where an accused person is found to be insane before or upon arraignment, in accordance with section 122(2), or a special verdict is found against that person under section 158, the court shall make in respect of the accused \u2014 (a)  a supervision order; (b)  a treatment order; (c)  an order under the Alternative Sentencing Act (2008 Revision); (d) an order for the conditional discharge of the person; or (e)  an order for the absolute discharge of the person (2)  The court, before making an order under subsection (1)(a) and (b), must be satisfied on the evidence of one or more mental health professionals, at least one of whom must be a psychiatrist or a psychologist, that the defendant is mentally disordered and requires confinement and treatment or only treatment for such disorder. (3)  Where the court makes an order under subsection (1)(a) the court shall order the person to be kept at a hospital, prison, place of safety or other place appointed by any law for the reception or custody of insane persons until discharged by order of the court, and the court shall consult with the Chief Medical Officer, and mental health professionals and social workers assigned to the person with regard to the discharge of the person. (4)  When a person is sent to a hospital, place of safety or other place appointed by any law for the reception or custody of insane persons under this section, officers of such hospital, place of safety or other place may exercise the same powers and authorities for the restraint of such person as can by law be exercised by or are vested in a gaoler or any other officers in respect of persons sentenced to imprisonment. (5)  Where the court has power under subsection (1)(e) to make an order for the absolute discharge of the accused, the court may do so where it is of the opinion, having regard to the circumstances, including the nature of the offence charged and the character of the accused, that such an order would be most suitable in all the circumstances of the case. Criminal Procedure Code (2026 Revision) (6)  In the exercise of its powers under subsection (1), the court may take into account any undertaking given by, or on behalf of, the person that the person shall undergo or continue to undergo a particular programme or course of treatment. (7)  The court may, from time to time, after consultation with the Chief Medical Officer, issue all necessary orders for the care, control and custody of any person detained under this section and such orders may vary or revoke other orders made under this section and may contain such conditions as the court determines to be necessary. 159A. Interpretation for this Part 159A.In this Part \u2014 \u201csupervision order\u201d means an order for confinement and treatment under the Mental Health Act (2023 Revision) at a hospital, prison, other place of safety or other place appointed by any law for the reception or custody of insane persons; and \u201ctreatment order\u201d means an order for treatment under the Mental Health Act (2023 Revision) as an outpatient of a specified hospital. 159B. Regulations for this Part 159B.The Cabinet may, after consultation with the Chief Medical Officer, make regulations to give effect to this Part. PART 8 - Provisions Relating to the Framing of Indictments\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_160\", \"num\": \"160.\", \"text\": \"Offence to be specific in indictment 160. Every indictment shall contain, and subject to this Act, shall be sufficient if it contains a statement of the specific offence or offences with which the accused is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence alleged and the acts or omissions alleged to have given rise to the offence, showing as nearly as possible the place and date of the offence and that it lies within the court\u2019s jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_161\", \"num\": \"161.\", \"text\": \"Joinder of counts in indictment 161. (1) More than one offence may be charged together in the same indictment if the offences charged are founded on the same facts or form or are part of a series of offences of the same or a similar character. (2) Where more than one offence is alleged in an indictment a description of each offence so charged shall be set out in a separate paragraph of the charge or indictment called a count. Criminal Procedure Code (2026 Revision) (3) Where, before trial or at any stage of a trial, the court is of opinion that a person accused may be embarrassed in that person\u2019s defence by reason of being charged with more than one offence in the same charge or indictment or that for any other reason it is desirable to direct that the accused person be tried separately for any one or more offences alleged in a charge or indictment the court may order a separate trial of any count or counts of such charge or indictment. 161A. Power to join in indictment count for summary offence if founded on the same facts, etc. 161A.(1) A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge \u2014 (a) is founded on the same facts or evidence as a count charging an indictable offence; or (b) is part of a series of offences of the same or similar character as an indictable offence which is also charged, but only if, in either case, the facts or evidence relating to the offence were disclosed on the written statements before a magistrate in the committal or transmittal proceedings. (2) Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Grand Court may only deal with the person in respect of it in a manner in which a Summary Court could have dealt with that person. (3) The offences to which this section applies are \u2014 (a) common assault; (b) an offence under sections 78 to 81 of the Penal Code (2026 Revision); (c) an offence under section 216 of the Penal Code (2026 Revision); (d) an offence under section 241 of the Penal Code (2026 Revision) where the value does not exceed $5,000.00; (e) an offence under section 246(1) of the Penal Code (2026 Revision); (f) an offence under section 267(1) of the Penal Code (2026 Revision); (g) an offence under section 89 or 90 of the Traffic Act (2026 Revision); and (h) any summary offence specified under subsection (4). (4) The Cabinet may by Order specify any summary offence for the purposes of this section where that summary offence is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_162\", \"num\": \"162.\", \"text\": \"Joinder of two or more accused in one indictment 162. The following may be joined in one indictment and tried together \u2014 Criminal Procedure Code (2026 Revision) (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment or of an attempt to commit such offence; (c) persons accused of different offences committed in the course of the same transaction; and (d) persons accused of different offences all of which are founded on the same facts or form, or are part of, a series of offences of the same or a similar character.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_163\", \"num\": \"163.\", \"text\": \"Rules for the framing of indictments 163. (1) The Rules set out in Schedule 3 shall apply with respect to all indictments, and notwithstanding any rule of law or practice to the contrary, an indictment shall not be open to objection in respect of its form or contents if it is framed in accordance with those Rules. (2) Without prejudice to subsection (1), no count shall be deemed objectionable or insufficient on the grounds, that \u2014 (a) it contains only one name of the accused; (b) one name only or no name of the injured person is stated; (c) the name or identity of the owner of any property is not stated; (d) it charges an intent to defraud without naming or describing the person whom it was intended to defraud; (e) it does not set out any document which may be the subject of the charge; (f) the means by which the offence was committed is not stated; (g) provided there is sufficient allegation of locus to confer jurisdiction, the district in which the offence was committed is not stated; or (h) any person or thing is not described with precision: Provided that, if it appears to the court that the interest of justice and the avoidance of prejudice to the accused person so require, the court shall order that the complainant or the prosecutor shall furnish particulars further describing or specifying any of the foregoing matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_164\", \"num\": \"164.\", \"text\": \"Application of Part 8 and Rules to charges before Summary Court 164. This Part and the Rules shall apply mutatis mutandis with respect to charges triable summarily before the Summary Court: Provided that rules 1, 2 and 12 shall not apply to such charges and the formal matters and commencement in the case of such charges shall be in conformity with the practice heretofore in use in courts of summary jurisdiction in the Islands. Criminal Procedure Code (2026 Revision) PART 9 - Appeals from Summary Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_165\", \"num\": \"165.\", \"text\": \"Appeals from decisions of Summary Court 165. (1) Save as hereafter in this Code provided, any person who is dissatisfied with any judgment, sentence or order of the Summary Court in any criminal cause or matter to which that person is a party may appeal to the Grand Court against such judgment, sentence or order either by motion on matters of law or fact (or both) or by way of case stated on a point of law only as hereafter provided: Provided that in no case shall the complainant appeal from a decision dismissing a complaint except by way of a stated case on a point of law. (2) For the purposes of any appeal the Director of Public Prosecutions shall be deemed to be a party to any criminal cause or matter other than those in which the proceedings were instituted and carried on as a private prosecution and in which the conduct of such proceedings has not been taken over by the Director of Public Prosecutions under section 12(5).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_166\", \"num\": \"166.\", \"text\": \"Magistrate to inform accused person of right of appeal 166. (1) When any person is convicted by a Summary Court, the magistrate shall inform that person, at the time when the sentence is passed, of that person\u2019s right of appeal and the steps which must be taken by a party wishing to appeal and a note shall be made at the time by the magistrate that such information has been given by that magistrate to such person and such note shall be conclusive as to this section having been complied with. (2) Upon being so informed, the convicted person may then and there give oral notice of that person\u2019s intention to appeal, and such notice shall be recorded by the magistrate and by the prosecutor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_167\", \"num\": \"167.\", \"text\": \"Limitations on right of appeal 167. No appeal shall be allowed in a case in which the accused person has pleaded guilty and has been convicted by the Summary Court on such plea, except as to the extent or legality of the sentence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_168\", \"num\": \"168.\", \"text\": \"Appeal not to operate as a stay 168. (1) An appeal shall not in itself have the effect of suspending the execution of the decision appealed and shall be on motion or by special case stated as hereafter in this Code provided. (2) An appellant who has failed to give notice of appeal under section 166(2) may, within seven days after the day upon which the decision was given from which the appeal is made, serve a notice in writing, signed by the appellant or the appellant\u2019s counsel, on the other party and on the Summary Court of the appellant\u2019s intention to appeal and of the general grounds of the appellant\u2019s appeal: Criminal Procedure Code (2026 Revision) Provided that any person aggrieved by the decision of the Summary Court may upon notice to the other party apply to the Grand Court for leave to extend the time within which such notice of appeal prescribed by this subsection may be served, and the court upon the hearing of such application may extend such time as it deems fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_169\", \"num\": \"169.\", \"text\": \"Recognisance on security to be taken 169. The appellant shall, within three days after the day on which the appellant gave or served notice of the appellant\u2019s intention to appeal, enter into a recognisance before the Clerk, with or without sureties as the Clerk may direct, conditioned to prosecute the appeal to judgment thereon of the court, and to pay such costs as may be awarded by it or, if the Clerk thinks it expedient, the appellant may, instead of entering into recognisances, give such other security by deposit of money with the Summary Court or otherwise as the Clerk deems sufficient: Provided that if the complainant is acting on behalf of the Crown, the Director of Public Prosecutions, the Commissioner of Police or any department of the Government or is a public officer acting in that person\u2019s official capacity that person shall not be required to be bound by any recognisances or to give any security.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_170\", \"num\": \"170.\", \"text\": \"Transmission of appeal papers 170. As soon as the appellant has given or filed the notice of appeal and has complied with section 169, the Summary Court shall without delay transmit to the Grand Court a copy of the conviction, order or judgment and all papers relating to the appeal. The appellant shall lodge with the Clerk and serve upon the respondent, not less than three days before the date appointed for the hearing of the appeal, a notice containing particulars of matters of law or fact in regard to which the Summary Court is alleged to have erred.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_171\", \"num\": \"171.\", \"text\": \"Admission of appellant to bail 171. (1) Where the appellant is in custody the appellate court or the Summary Court may, if the circumstances appear exceptional, order that the appellant be released on bail, with or without sureties, pending the determination of the appeal: Provided that if the appeal is abandoned, withdrawn or dismissed, any such order for bail shall forthwith be cancelled. (2) Where the appellant is released on bail or the sentence is suspended pending an appeal, any time during which the appellant is at large after being so released or during which the sentence has been suspended shall be excluded in computing the term of any sentence to which the accused is subject. (3) An appellant who has given oral or written notice of appeal may elect to remain on remand in custody, or begin to serve that person\u2019s sentence pending the hearing of that person\u2019s appeal. Any period of remand in custody shall not count Criminal Procedure Code (2026 Revision) as part of the sentence. A person electing to be so remanded in custody shall be treated as a person awaiting trial.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_172\", \"num\": \"172.\", \"text\": \"Case stated 172. In all cases of appeal by way of case stated the appellant shall, within the times and in the manner and form hereinbefore prescribed, serve a notice of appeal and enter into recognisances, and shall, within fourteen days after the day on which the Summary Court gave the decision from which the appeal is made, apply to such court to state a special case for the purpose of the appeal, setting forth the facts of the case and the grounds of the court\u2019s decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_173\", \"num\": \"173.\", \"text\": \"Remedy if case stated refused 173. A magistrate may refuse to state a case if the magistrate considers the matter is frivolous, and shall, on request, deliver to the appellant a certificate of refusal, and thereupon the appellant may apply to the Grand Court for an order requiring the case to be stated: Provided that a magistrate shall not refuse to state a case where the application for that purpose is made to that magistrate by or under the direction of the Director of Public Prosecutions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_174\", \"num\": \"174.\", \"text\": \"Duty of Summary Court as to case stated 174. (1) The magistrate, upon receiving the application of the appellant or an order of the Grand Court in that behalf, as the case may be, shall, subject to section 173, draw up the special case concisely setting forth such facts and documents, if any, as may be necessary to enable the court to decide the questions raised in the case, and shall forthwith transmit the same together with a copy of the conviction, order or judgment appealed from and all documents alluded to in the special case to the Clerk who, on application of either party, shall supply such applicant with a copy of the case stated on payment for the same of any prescribed charge. (2) A case stated under subsection (1), in addition to any other matter which appears to the magistrate to be relevant, shall set out \u2014 (a) the charge, summons, information or complaint in respect of which the proceedings arose; (b) the facts found by the Summary Court to be admitted or proved; (c) any submission of law made by or on behalf of the complainant during the trial or inquiry; (d) any submission of law made by or on behalf of the accused person during the trial or inquiry; (e) the finding and, in the case of conviction, the sentence of the Summary Court; Criminal Procedure Code (2026 Revision) (f) any question of law which the magistrate or any of the parties desires to be submitted for the opinion of the Grand Court; and (g) any questions of law which the Director of Public Prosecutions may require to be submitted for the opinion of the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_175\", \"num\": \"175.\", \"text\": \"Appellant entitled to copies of evidence 175. On an appeal by motion, the appellant, on serving written notice on or giving oral notice to the Summary Court of that person\u2019s intention to appeal, and on entering into recognisances as aforesaid shall be entitled to receive with all convenient speed a copy of the evidence taken by the court in the case, and also a copy of the conviction, order or judgment made or given. A copy of the evidence and of the conviction, order or judgment shall also be supplied by the Summary Court to the respondent as soon as the appellant has complied with the requirements of section 169.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_176\", \"num\": \"176.\", \"text\": \"Court to set appeal down for argument 176. The Grand Court shall, in either case, set the appeal down for hearing on such day, and shall cause notice of the same to be published in such manner, as the court may direct: Provided that, except when otherwise agreed by the parties, not less than five days\u2019 notice shall be given by the court of the date appointed for the hearing of an appeal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_177\", \"num\": \"177.\", \"text\": \"Appeal not a re-hearing unless the court so decides 177. On an appeal by motion, unless the Court considers the justice of the case required a re-hearing, the appellant shall begin, and unless the appellant satisfies the Court that it is necessary to call on the respondent, the conviction, order or judgment shall be confirmed: Provided that, if the Court directs a re-hearing the respondent, if the issue is with the respondent, shall begin and prove the respondent\u2019s case, and the Court may, if the justice of the case requires it, adjourn the hearing to some convenient day.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_178\", \"num\": \"178.\", \"text\": \"Procedure on hearing of appeal 178. At the hearing of an appeal on motion, the appellant shall, before going into the case, state all the grounds of appeal on which the appellant intends to rely, and shall not, unless by leave of the court, go into any matters not raised by such statement, nor shall the appellant be entitled to examine any witnesses not examined at the hearing of the case before the Summary Court unless the appellant has given to the respondent three clear days\u2019 notice in writing of the names and addresses of such witnesses and of the substance of the evidence they will give and unless the appellant has subsequently obtained the leave of the court to the examination thereof. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_179\", \"num\": \"179.\", \"text\": \"Court on hearing appeal to decide on facts as well as law 179. On an appeal by motion, the court may draw inferences of fact from the evidence given before a Summary Court, and, subject to the due notice having been given as hereinbefore mentioned, may hear any further evidence tendered by the appellant, and may take and admit, if it thinks fit, any further evidence tendered in reply and also such other evidence as it may require, and it may decide the appeal with reference both to matters of fact and to matters of law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_180\", \"num\": \"180.\", \"text\": \"On appeal, court confined to facts and evidence stated therein 180. On appeal by special case, the court shall entertain such appeal on the ground only that the decision of the Summary Court was erroneous in points of law, or in excess of jurisdiction, and upon the facts stated and the evidence mentioned in the special case. The court may remit the case to the Summary Court for amendment or restatement if necessary, or for re-trial and determination in accordance with such directions as may be deemed necessary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_181\", \"num\": \"181.\", \"text\": \"Powers of court on hearing appeals 181. The court may adjourn the hearing of the appeal, and may, upon the hearing thereof confirm, reverse, vary or modify the decision of the Summary Court, including the passing of some other sentence (whether more or less severe) or remit the matter to the Summary Court for retrial, or may make such other order in the matter as it may think just, and may, by such order, exercise any power which the Summary Court might have exercised, and such order shall have the same effect and may be enforced in the same manner as if it had been made by the Summary Court: Provided that the court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the court considers that no substantial miscarriage of justice has actually occurred.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_182\", \"num\": \"182.\", \"text\": \"Costs 182. The court hearing any appeal may make such order as to the costs to be paid by either party as it may think just: Provided that no magistrate shall be liable to any costs in respect of any appeal against that magistrate\u2019s decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_183\", \"num\": \"183.\", \"text\": \"Where appeal is abandoned court may give respondent their costs 183. Where an appeal is abandoned or withdrawn the court, on proof of notice of appeal having been given to the respondent, may make an order that the respondent shall receive such costs as the court may allow. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_184\", \"num\": \"184.\", \"text\": \"No appeal on point of form or matter of variance 184. No judgment shall be given in favour of the appellant if the appeal is based on an objection to any charge, complaint, summons or warrant for any alleged defect therein in matter of substance or for any variance between such charge, complaint, summons or warrant and the evidence adduced in support thereof, unless it be proved that such objection was raised before the Summary Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_185\", \"num\": \"185.\", \"text\": \"Court may decide on merits notwithstanding any defect in form 185. In any case of appeal, the court may hear and determine the case upon the merits, notwithstanding any defect in form or otherwise in the conviction, order or judgment, and if the appellant is found guilty the conviction, order or judgment shall be confirmed and, if necessary, amended.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_186\", \"num\": \"186.\", \"text\": \"Defect in order or warrant of commitment not to render void 186. No conviction or order shall, for want of form, be quashed or removed by certiorari into the Grand Court, and no warrant or commitment shall be held void by reason of any defect therein, if it be therein alleged that the party has been convicted or ordered to do or abstain from doing any act or thing required to be done or left undone, and there be a good and valid conviction or order to sustain the same.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_187\", \"num\": \"187.\", \"text\": \"Where conviction confirmed, warrant may issue as though no appeal had been made 187. (1) Whenever the decision of a Summary Court is confirmed on appeal the Clerk shall inform the Summary Court of such confirmation, and thereupon the Summary Court may issue a warrant of distress, commitment or writ of execution, as the case may be, for enforcing such decision in the same manner as though no appeal had been brought. (2) Whenever the decision is not confirmed, the Clerk shall send to the Summary Court, for entry in the register of that Court and shall also endorse on the conviction, order or judgment appealed against, a memorandum of the decision of the appellate court, and whenever any copy or certificate of such conviction, judgment or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the decision on appeal in every case where such copy or certificate would be sufficient evidence of such conviction, order or judgment. Criminal Procedure Code (2026 Revision) PART 10 - Miscellaneous\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_188\", \"num\": \"188.\", \"text\": \"Powers of Grand Court in respect of habeas corpus, etc. 188. Nothing in this Code shall be construed to affect or limit the powers of the Grand Court to issue orders of certiorari, habeas corpus and mandamus in respect of proceedings thereupon and for any purposes connected therewith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_189\", \"num\": \"189.\", \"text\": \"Abolition of right of accused person to make unsworn statement 189. (1) Subject to subsection (2), an accused person shall not be entitled to make an unsworn statement from the dock, and accordingly if the accused person gives evidence, the accused person shall do so on oath from the witness box and be liable to cross-examination; but this subsection shall not affect the right of an accused person, if the accused person is not represented by counsel, to address the court or Jury otherwise than on oath on any matter on which, if the accused person were so represented, counsel could address the court or jury on the accused person\u2019s behalf. (2) Nothing in subsection (1) shall prevent an accused person making a statement without being sworn \u2014 (a) if it is one which the accused person is required by law to make personally; or (b) if the accused person makes it by way of mitigation before the court passes sentence upon that accused person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_190\", \"num\": \"190.\", \"text\": \"Code does not limit powers of courts relating to probation of young persons 190. Nothing in this Code shall be construed to limit the powers conferred on any court with respect to young persons under the Youth Justice Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_191\", \"num\": \"191.\", \"text\": \"General power to require recognisance to keep the peace 191. (1) Any person may, by complaint made to the Summary Court, call upon any other person to show cause why that other person should not be bound over in recognisances \u2014 (a) to keep the peace; or (b) to be of good behaviour toward any particular person, and the court may make an order adjudging the person complained against to enter into recognisances and find sureties in that behalf and the complainant and defendant and witnesses may be called and examined and cross-examined, and the parties and witnesses in such case shall be subject to this Code relating to trial before such court. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_192\", \"num\": \"192.\", \"text\": \"Seizure of property obtained by offence 192. (1) Any court may order the seizure of any property which there is reason to believe has been obtained by or is the proceeds or part of the proceeds of any offence, or into which the proceeds of any offence have been converted, and may direct that the same shall be kept or sold and that the same, or the proceeds thereof if sold, shall be held as such court directs until some person establishes a right thereto to the satisfaction of such court. If no person establishes such a right within twelve months from the date of such seizure, the property or the proceeds thereof, shall vest in the Financial Secretary for the use of the Islands and shall be disposed of accordingly. (2) A court may order the seizure of any instruments, materials or things where there is reason to believe that they are \u2014 (a)  provided or used, or intended to be provided or used, wholly or in part, for the commission of an offence; or (b)  prepared or are being prepared with a view to the commission of an offence, and may direct them to be held and dealt with in the same manner as property seized under subsection (1). (2A) Where there is evidence that any instruments, materials or things referred to in subsection (2) are unavailable at the time an order under this section is being considered, the court may \u2014 (a)  order the seizure of any property of corresponding value to the instruments, materials or things; and (b)  direct that the property be held and dealt with in the same manner as property seized under subsection (1). (3) Any order made under this section may be enforced by means of a search warrant which, upon being satisfied by evidence on oath that there is reasonable cause for the issue of such warrant, any such court is hereby authorised to issue for the purpose.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_193\", \"num\": \"193.\", \"text\": \"Copies of proceedings 193. If any person affected by any order made or judgment passed in any proceedings under this Code desires to have copy of such order or judgment, or of any deposition or other part of the record in any such proceedings, the person shall, upon making application for such copy, be furnished therewith, provided the person pays for the same according to such scale as may be prescribed unless, in any particular case, the court directs that it be furnished free of cost. Criminal Procedure Code (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_194\", \"num\": \"194.\", \"text\": \"Criminal informations abolished 194. Any power to bring proceedings for an offence by criminal information in the Grand Court is abolished.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_195\", \"num\": \"195.\", \"text\": \"Rules 195. The Rules Committee established under the Grand Court Act (2026 Revision) may make rules prescribing anything required to be prescribed under this Code and generally for carrying into effect this Code.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_196\", \"num\": \"196.\", \"text\": \"Transitional provisions 196. (1) Where, on the 19th February, 2025, the  date of the commencement of the Criminal Procedure Code (Amendment) Act, 2025 (Act 6 of 2025), a person is in custody pursuant to section 159 of the Criminal Procedure Code (2021 Revision), the Governor, prior to making an order for discharge of that person, shall consult, in relation to the discharge, with the Chief Medical Officer and the mental health professionals and social workers assigned to the person, and may impose such conditions upon the discharge of the person which the Governor determines are necessary. (2)  Under subsection (1) a condition of a discharge may include \u2014 (a)  supervision by mental health professionals and social workers for a specified period, which period may be varied from time to time by the Governor; or (b)  a course of treatment under the Mental Health Act (2023 Revision) as an outpatient of a specified hospital for a specified period which period may be varied from time to time by the Governor. Criminal Procedure Code (2026 Revision) SCHEDULE 1 SCHEDULE 1 (sections 5 and 14(7)) Mode of Trial and Arrestable Offences Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment A A Treason by the Law of England Life imp. A A Instigating treason Life imp. A A Concealment of treason Life imp. A A Treasonable offences (depose, levy war against the sovereign) (invade the realm) Life imp. B A 54(1) Importing, etc., prohibited publication Three years $1000 B A 54(2) Possession, etc., prohibited publication Two years $500 B A 55(1) Failing to deliver up prohibited publication Two years $500 B A 58(1) Sedition Five years $1000 B A 58(2) Possession of seditious publication Three years $500 B A 58(10) Unlawful use of confiscated printing machine Three years $500 B A 58(11) Publication of newspaper in contravention of order Three years $500 A A Unlawful oath to commit offences punishable with imprisonment for life Life imp. A A Other unlawful oath to commit crime, etc. Ten years B A 63(1) Unlawful drilling Seven years B A 63(2) Presence at unlawful drilling Two years SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment 64(1) Publication of false statement, etc., to cause alarm Five years $5000 A Defamation of foreign princes Two years B Foreign enlistment Two years A A Piracy As English law B A Unlawful assembly Three year B A Riot Four years A A Rioting after proclamation Life imp. A A Obstructing making of proclamation Life imp. A A Rioters demolishing buildings Life imp. B A Riotously preventing the sailing of a ship Four years B A Vandalising the flag of the Islands  Four years B A Importing or carrying prohibited weapon Ten years $10,000 A Carrying offensive weapon Two years $2000 Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Restriction on carrying restricted weapons by night Four years $5000 Refusal to accompany a constable $2,000 A 84(1) Forcible entry Four years A Forcible detainer Four years A Affray Four years A Challenge to duel Four years A Causing fear, or provocation Three years A Causing fear, or provocation of violence by night Four years B A 88A Intentional harassment, alarm or distress Three years or, if committed by night, four years B A 88B Harassment, alarm or distress Three years or, if committed by night, four years B A 88C Threat to kill Ten years B A Assembling for the purpose of smuggling Two years $1000 A Unauthorised administration of an oath Two years B A False assumption of authority Four years SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment A A Personating public officer Four years B Threat of injury to person employed in the public service Four years A Perjury Seven years A Fabricating evidence Seven years B False swearing Four years B Deceiving witnesses Four years B Destroying evidence Four years B 107(1) Defeating the course of justice Seven years B 107(2) Conspiracy to defeat the course of justice Five years B Compounding of offences Four years B Compounding penal actions Four years B A Offering reward for stolen property Four years B A Offences relating to judicial proceedings Four years B A Rescue of a person in other case Seven years B A Escape Four years B A Permitting prisoner to escape Four years Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Aiding prisoner to escape Seven years B A Unlawfully removing attached property Three years A Obstructing court officers Four years B Frauds, etc., by public officers Four years B Neglect of official duty Four years B A False information to public officer Three years $400 B Disobedience of lawful duty Two years B A Insult to religion Four years B A Disturbing religious assemblies Four years B A Trespassing, etc., on burial places Four years Words, etc., with intent to wound religious feelings One year B A 126(1) Hindering burial, etc. Four years A A Rape Life Imp. A A Attempted rape Fourteen years A A Abduction for the purpose of marriage, civil partnership or carnal knowledge Ten years B A Abduction of person under sixteen Four years SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Indecent assault on person Ten years A Insulting the modesty of a woman Three years A A 134(1)(a) Defilement of person under twelve Twenty years A A 134(1)(b) Defilement of girl between the ages of twelve and sixteen Twelve years A A 134(2) Attempted Defilement of person under sixteen Ten years B A 134A Gross indecency Twelve years B A Defilement of mentally impaired person, etc. Twelve years B A Procuration Four years B A Administering drugs to another person  Four years B A Detention in a brothel Four years B A 139(1) Living on earnings of prostitution Four years B A Brothel keeping Four years B A 141(1) Attempt to procure abortion Four years B A Attempt to procure own abortion Four years B A Supplying drugs for purpose of procuring abortion Four years B A 144(1) Unnatural offence Ten years Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A 144(2) Unnatural offence (attempt) Four years A A 145(4) Indecent assault on a man Ten years A A 146(1) Incest by males If with a girl under thirteen, life, otherwise twenty years A A 146(3) Incest by males (attempt) If with a girl under thirteen, ten years, otherwise seven years A A Incest by females Ten years A A Fraudulent pretence of marriage or civil partnership Five years A A Bigamy Five years A A Fraudulent marriage or civil partnership ceremony Five years B Neglecting children Four years A A Child stealing Seven years Common nuisance One year A Watching and besetting Six months 156(1) Chain letters Six months $500 A 157(1) Obscene publications Three months $200 A Idle and disorderly persons Four years $2,000 SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment A 159(1) Rogues and vagabonds Three years A 159(1) Rogues and vagabonds (subsequent offence) Four years B Failure to account for subscriptions Two years 163(1) Street trading $1,000 163(3) Street trading (subsequent offence) Six months $5,000 A Disorderly conduct $2,000 A Drunk and disorderly persons One year $1,000 A Unauthorised wearing of uniform Four years $2,000 B A Negligent act likely to spread disease Four years B Adulteration of food, drink, etc. Four years B A Pollution Four years B A 170(1) Obeah Four years B Libel Four years B Libel to extort money Three years A A Murder Life imp. A A Manslaughter Life imp. A A Attempt to murder Life imp. A A Accessory after the fact to murder Life imp. Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment A A Written threat to murder Seven years A A Conspiracy to murder Fourteen years A A Infanticide Life imp. A A 199(1) Killing unborn child Life imp. B A Concealing the birth of a child Two years A A Disabling, etc., to facilitate an offence Life imp. A A Preventing escape from wreck Life imp. A A Wounding or causing grievous bodily harm Life imp. B A Wounding or inflicting grievous bodily harm Seven years A A Attempting to injure by explosive substances Sixteen years A A Bomb hoax Ten years $20,000 A A Maliciously administering poison Fourteen years B A Unlawful use of firearms Five years B A Reckless and negligent acts Four years A Other negligent acts causing harm Two years $2000 A Dealing with poisonous substances in a negligent manner Two years $2000 A A Exhibition of false light, mark or buoy Fourteen years SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Conveying person for hire in unsafe conveyance Four years Common assault One year A Assault causing actual bodily harm Five years A A Assault on person protecting wreck Seven years A A Kidnapping and abduction Life imp. A A Keeping in confinement a kidnapped person Life imp B A Wrongful confinement Five years B A Unlawful compulsory labour Three years B A 228A(1)(a) Possessing indecent photograph or pseudo-photograph of child Fifteen years B A 228A(1)(b) Taking, permitting to be taken or making indecent photograph or pseudo-photograph of child Fifteen years B A 228A(1)(c) Distributing or showing indecent photograph or pseudo-photograph of child Fifteen years B A 228B(1)(a) Making, printing, publishing, or possessing for the purpose of publication, child pornography Fifteen years B A 228B(1)(b) Transmitting, making available, distributing, selling, advertising, importing, exporting, or possessing for the purpose of transmission, making available, distribution, sale, advertising or exportation, of child pornography Twenty-five years B A 228B(1)(c) Possessing child pornography Fifteen years B A 228B(1)(d) Accessing child pornography Fifteen years Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A 228C(1)(a) Publishing child pornography through a computer system Fifteen years B A 228C(1)(b) Producing child pornography Fifteen years B A 228C(1)(c) Possessing child pornography Fifteen years B A 228C(1)(d) Accessing child pornography Fifteen years B A Possession of bullet-proof vest or firearm in association with gang Twenty years subject to a minimum term of imprisonment of ten years $100,000 B A Gang membership Twenty years $500,000 B A Participation in criminal activity in association with  gang Twenty years $500,000 B A 232C(2) Refusal to comply with a direction; resisting removal Four years $3,000 B A 232D(3) Failure to comply with an order; obstruction of police officer Four years $3,000 A Theft where the value does not exceed $5,000 Seven years B A Theft where the value exceeds $5,000 Ten years A A Robbery Life imp. B A 243(1) Burglary Fourteen years A A 244(1) Aggravated burglary Life imp. B A Abstracting electricity Two years $2000 A 246(1) Taking conveyance without authority Two years $1,000 SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Penal Code (2026 Revision) Nature of Offence Maximum punishment B A 247(1) Obtaining property by deception Ten years B A 248(1) Obtaining pecuniary advantage by deception Five years B A Evasion of liability by deception Five years B A Obtaining services by deception Four years A A Obtaining a money transfer by deception Ten years A A Dishonestly retaining a wrongful credit Ten years B A 254(1) Making off Five years $2,000 B A 255(1) False accounting Seven years B A 256(1) Connivance in dishonesty by company officer contrary to section 247, 248 or Ten, five or seven years B A 257(1) False statements by company officers Seven years B A A A 259(1) Suppression, etc., of documents Blackmail Seven years Fourteen years B A 260(2) Handling stolen goods Fourteen years B A 261(1) Going equipped for stealing Three years A 267(1) Destroying or damaging property where the value of destruction or damage does not exceed $3,000 Five years and $5,000 B A 267(1) Destroying or damaging property where the value of destruction or damage exceeds $3,000 Ten Years and $10,000 Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A 267(2) Destroying or damaging property intending to endanger life Life imprisonment A A 267(3) Arson Life imprisonment B A Threats to destroy or damage property Ten years A A Attempt to commit arson or to destroy or damage property Fourteen years A A Setting fire to crops, etc. Fourteen years A A Attempt to set fire to crops, etc. Seven years A A Casting away ships, etc. Life Imp. A A Attempts to cast away ships, etc. Fourteen years B A Killing or injuring animals Five years A A Attempts to destroy property by explosives Fourteen B A Communicating infectious disease to animal Seven years A 277(1) Criminal trespass One year $1,000 277(2) do. Two years $2,000 277(2) do. Three years $3,000 SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant  \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Aggravated trespass Four years & fine A Doing damage on unenclosed land Two years B A Forgery (general punishment) Three years A A Forgery (will, etc.) Ten years A A Forgery (judicial document) Ten years B A Forgery (stamp, etc.) Seven years B A Uttering forged document As for the forgery B A Procuring execution of forged document As for the forgery B A Uttering cancelled or exhausted document As for the forgery B A Obliterating crossings on cheques Seven years B A Making documents without authority Seven years B A Demanding property on forged testamentary document As for the forgery B A 295(1) Importing or purchasing forged notes Ten years Criminal Procedure Code (2026 Revision) SCHEDULE 1 Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment A A 295(2) Uttering a forged bank note or currency note Ten years B A Falsifying warrants, etc. Ten years B A Falsifying register Ten years B A Sending false certificate of marriage or civil partnership to registrar Seven years B A False statement to registrar of births, etc. Five years A A Counterfeiting coin Ten years A A Preparations for counterfeiting Seven years A A Making, etc. implements of forgery Seven years B A 304(1) 304(2) Impairing coin Fourteen years Seven years B A Melting down coin Six months $200 B A Possession of clippings Seven years B A Uttering counterfeit coin Two years B A Repeated uttering Three years B A Uttering metal of coin not current as coin One year A Selling imitation currency Six months SCHEDULE 1 Criminal Procedure Code (2026 Revision) Mode of trial category Whether arrestable without a Warrant \u201cA\u201d means arrestable Penal Code (2026 Revision) Nature of Offence Maximum punishment B A Exporting counterfeit coin Two years B A Possession of die used for making coin Seven years B A Possession of materials for forging stamps One year $200 B A Trade mark offences Four years B A* Attempts to commit an offence Life imp. B Neglect to prevent the commission of certain offences. Two years B A* Conspiracy to commit certain offences Ten years B Other conspiracies Four years B A* Accessories after the fact in certain cases Ten years *If the offence attempted, etc., is arrestable OFFENCES AGAINST OTHER LAWS WHERE POWER OF ARREST IS NOT PRESCRIBED If the offence is punishable more severely than with six years\u2019 imprisonment then such offence is arrestable CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS WHERE NO MODE OF TRIAL PRESCRIBED When the maximum punishment exceeds ten years\u2019 imprisonment A When the maximum punishment is one year imprisonment or a lesser punishment  C All other offences B Criminal Procedure Code (2026 Revision) SCHEDULE 2 SCHEDULE 2 (section 28) Form of Search Warrant Whereas I\/ the court am\/ is satisfied by information on oath that there is reasonable suspicion of the commission of the offence of_________________________________________and it has been made to appear to this court\/me that the production of the following article(s) is\/are essential to the inquiry into the said offence. This is to authorise and require you to enter upon and search the premises of one_________________________situate at___________________, and if discovered to take possession of the said article(s) and produce the same forthwith before a court; returning this warrant with an endorsement certifying the manner of execution. Given under my hand (and the seal of the court) this            day of                     20   . Magistrate\/Justice of the Peace SCHEDULE 3 Criminal Procedure Code (2026 Revision) SCHEDULE 3 (section 163) Rules for Framing Indictments Material, etc., for indictments 1. (1) An indictment may be on parchment or durable paper, and may be either written or printed, or partly written and partly printed. (2) Each sheet on which an indictment is set out shall be not more than 17 and not less than 13 inches in length, and not more than 14 and not less than 8 inches in width, and if more than one sheet is required the sheets will be fastened together in book form. (3) A proper margin not less than 2 inches in width shall be kept on the left hand side of each sheet. (4) Figures and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby. (5) There shall be endorsed on the indictment the name of every witness intended to be examined by the prosecution. (6) An indictment shall not be open to objection by reason only of any failure to comply with this rule. Commencement of indictment 2. The commencement of an indictment shall be in the following form \u2014 IN THE GRAND COURT Criminal Side The King versus A.B. A.B. is charged with the following offence (offences) \u2014 To Wit: Mode in which offences are to be charged 3. (1) A description of the offence charged in an indictment, or where more than one offence is charged, of each offence so charged, shall be set out in a separate paragraph called a count. (2) A count shall commence with a statement of the offence charged, called the statement of offence. Criminal Procedure Code (2026 Revision) SCHEDULE 3 (3) The statement of an offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the elements of the offence, and if the offence charged is one created by a law, shall contain a reference to the section of the law creating the offence. (4) After the statement of offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule of law or any law limits the particulars of an offence which are required to be given in an information, nothing in this rule shall require any more particulars to be given than those as required. (5) Where a charge or indictment contains more than one count the counts shall be numbered consecutively. Provisions as to statutory offences 4. Where a law constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. Description of property 5. (1) The description of property in a count shall be in ordinary language and such as to indicate with reasonable clarity the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property. (2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as \u201cInhabitants\u201d, \u201cTrustees\u201d, \u201cCommissioners\u201d, \u201cClub\u201d or other such name, it shall be sufficient to use the collective name without naming any individual. SCHEDULE 3 Criminal Procedure Code (2026 Revision) Description of persons 6. The description or designation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify the accused person, without necessarily stating that accused person\u2019s correct name, or that accused person\u2019s abode, style, degree or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as \u201ca person unknown\u201d. Description of document 7. Where it is necessary to refer to any document or instrument, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof without setting out any copy thereof. Description of engraving 8. In a count in respect of an offence for engraving or making the whole or any part of any instrument, matter or anything whatsoever, or for using or having the unlawful possession of any plate or other material upon which the whole or any part of any instrument, matter or thing whatsoever, shall have been engraved or made, or for having the unlawful possession of any paper upon which the whole or any part of any instrument, matter or thing whatsoever, shall have been made or printed, it shall be sufficient to describe such instrument, matter or thing by any name or designation by which the same may be usually known, without setting out any copy or facsimile of the whole or any part of such instrument, matter or thing. Description of money 9. In a count in which it shall be necessary to make any averment as to any money or any currency note, it shall be sufficient to describe such money or currency note simply as money, without specifying any particular coin or banknote; and such allegation as far as regards the description of the property shall be sustained by proof of any amount of coin or of any banknote, although the particular species of coin of which such amount was composed or the particular nature of the banknote shall not be proved; and in cases of obtaining money or pecuniary advantage by deception by proof that the offender obtained any piece of coin, or any banknote, or any portion of the value thereof although such piece of coin or banknote may have been delivered to the offender in order that some part of the value thereof should be returned to the party delivering the same, or to any other person and such part shall have been returned accordingly. Criminal Procedure Code (2026 Revision) SCHEDULE 3 General rule as to description 10. Subject to these Rules, it shall be sufficient to describe any place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in any charge or indictment in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to. Statement of intent 11. It shall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make any intent to defraud, deceive or injure a particular person an essential ingredient of the offence. Charge of previous convictions, etc. 12. Any charge of a previous conviction of an offence shall be charged at the end of the indictment by means of a statement that the person accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence: Provided that in reading such indictment to the jury regard shall be had to section 120. SPECIMEN FORMS OF INDICTMENT 1. STATEMENT OF OFFENCE Murder, contrary to section 181 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A B. on the            day of              , at                   , murdered J.S. 2. STATEMENT OF OFFENCE Accessory after the fact to murder, contrary to section 195 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A. B., well knowing that one H.C., did on the        day of                   , at , murder C.C. did on the                        day of                      , at                          , and on other days thereafter receive, comfort, harbour, assist and maintain the said H.C. 3. SCHEDULE 3 Criminal Procedure Code (2026 Revision) STATEMENT OF OFFENCE Manslaughter, contrary to section 180 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A. B., on the        day of                   , at                        , unlawfully killed J.S. 4. STATEMENT OF OFFENCE Rape, contrary to section 127 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , had carnal knowledge of E. F. without her consent. 5. STATEMENT OF OFFENCE Grievous bodily harm, contrary to section 203 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , unlawfully did grievous harm to C.D. STATEMENT OF OFFENCE Wounding, contrary to section 203 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , unlawfully wounded C.D. 6. STATEMENT OF OFFENCE Cruelty to a child, contrary to section 225(1) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., between the        day of                   , at                        being a person having responsibility for C.D., a child, wilfully assaulted, ill-treated, neglected, abandoned or exposed the said child, or procured the said child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause the said child unnecessary suffering or injury to the said child\u2019s health. 7. Criminal Procedure Code (2026 Revision) SCHEDULE 3 STATEMENT OF OFFENCE Theft, contrary to section 241 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , stole from M.N., ten yards of cloth. 8. STATEMENT OF OFFENCE Robbery, contrary to section 242 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the                            day of                           , at                        , stole a watch from C.D., and, immediately at the time of doing so, and in order to do so, used force on the said C.D., or put the said C.D. in fear of being then and there subjected to force. 9. STATEMENT OF OFFENCE First Count Theft, contrary to section 241 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , stole a bag, the property of C.D. STATEMENT OF OFFENCE Second Count Handling stolen goods contrary to section 260(1) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the       day of                        , at                  , knowing or believing it to be stolen, dishonestly received a bag, or dishonestly undertook, assisted in or arranged for the retention, removal, disposal or realisation thereof for the benefit of another person. A.B., has been previously convicted of handling stolen goods on the          day of             . 10. STATEMENT OF OFFENCE Burglary and theft contrary to sections 243(1)(b) and 241 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the       day of                        , at                                  , entered the building known as  as a trespasser and there stole one watch, the property of C.D. SCHEDULE 3 Criminal Procedure Code (2026 Revision) 11 . STATEMENT OF OFFENCE Blackmail, contrary to section 259 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , with a view to gain for A.B. or another or with intent to cause loss to C.D., or another made an unwarranted demand with menaces from the said C.D., that is to say A.B. demanded $2,000 from the said C.D., under threat of accusing the said C.D., of having committed an infamous crime. 12. STATEMENT OF OFFENCE Dishonestly obtaining property by deception, contrary to section 247 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , dishonestly by deception obtained from C.D., a motor car with intent permanently to deprive C.D. thereof. 13. STATEMENT OF OFFENCE Conspiracy to commit an offence, contrary to section 321 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B. and C.D. on divers days between the        day of               , and the        day                         of , at                                               , conspired together and with other persons unknown to defraud such persons as should thereafter be induced to part with money to the said A.B., and C.D., by false representation that A.B., and C.D., were then carrying on a genuine business as jewellers at  and that they were then willing and prepared to supply articles of jewellery to such persons. 14. STATEMENT OF OFFENCE First Count Arson, contrary to section 267 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , wilfully and unlawfully set fire to a dwelling house known as                                         . STATEMENT OF OFFENCE Second Count Damaging property, contrary to section 267 of the Penal Code (2026 Revision) Criminal Procedure Code (2026 Revision) SCHEDULE 3 PARTICULARS OF OFFENCE A.B., on the        day of                   , at                                   , without lawful excuse damaged a dwelling house known as                             the property of C.D. intending to damage such property. 15. STATEMENT OF OFFENCES A B., Arson, contrary to section 267 of the Penal Code (2026 Revision) C.D. Counselling or procuring the said A.B., to commit the same offence. PARTICULARS OF OFFENCES A. B., on the        day of                   , at                        , wilfully and unlawfully set fire to a dwelling house known as                                      . C.D., on the same day at            , did counsel and procure the said A.B., to commit the said offence. 16. STATEMENT OF OFFENCE Doing damage on unenclosed land contrary to section 279 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , without lawful excuse entered upon private unenclosed land and maliciously damaged a coconut tree there growing. 17. STATEMENT OF OFFENCE First Count Forgery contrary to section 285 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , made a false document with intent to defraud. STATEMENT OF OFFENCE Second Count Uttering a forged document, contrary to section 289 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE SCHEDULE 3 Criminal Procedure Code (2026 Revision) A.B., on the        day of                   , at                        , uttered a certain forged document purporting the same to be genuine and knowing the same to be forged and with intent to defraud. 18. STATEMENT OF OFFENCE Uttering counterfeit coin, contrary to section 308 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , uttered a counterfeit twenty-five cent piece knowing the same to be counterfeit. 19. STATEMENT OF OFFENCE Perjury, contrary to section 101 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , being a witness upon the trial of an action in the Grand Court, in which one                           was plaintiff and one                           was defendant, knowingly falsely swore that A.B. saw one N.M., in the street called Street, on the        day of                                 . 20. STATEMENT OF OFFENCE First Count Producing an obscene writing for the purpose of public distribution, contrary to section 157(1)(a) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE E.M., on the        day of                   , at                        , made and published or caused to be made and published an obscene writing, the particulars of which are published with this indictment. (Particulars to specify pages and lines complained of where necessary, as in a book). STATEMENT OF OFFENCE Second Count Importing an obscene writing for the purpose of public distribution, contrary to section 157(1)(b) of the Penal Code (2026 Revision) Criminal Procedure Code (2026 Revision) SCHEDULE 3 PARTICULARS OF OFFENCE E.M., on the        day of                   , at                        , imported                           , for the purpose of distribution to the public an obscene writing, the particulars of which are published with this indictment. 21. STATEMENT OF OFFENCE A.B., undischarged bankrupt obtaining credit, contrary to section 173 of the Bankruptcy Act (2026 Revision); C.D., counselling and procuring the same offence PARTICULARS OF OFFENCES A.B., on the        day of                   , at                        , being an undischarged bankrupt obtained credit to the extent of one hundred dollars from H.S., without informing the said H.S. that A.B. was an undischarged bankrupt. C.D., at the same time and place did aid, abet, counsel and procure A B., to commit the said offence. 22. STATEMENT OF OFFENCE First Count False Accounting, contrary to section 255(1)(a) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , dishonestly, with a view to gain for A.B. or other, falsified an account in a cash book, the property of C.D., purporting to show that on the said day one hundred dollars had been paid to L.M. STATEMENT OF OFFENCE Second Count False Accounting, contrary to section 255(1)(a) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , dishonestly, with a view to gain for A.B. or another, omitted or concurred in omitting from an account in a cash book belonging to C.D., A.B\u2019s employer, a material particular, that is to say the receipt on the said day of one hundred dollars from H.S. SCHEDULE 3 Criminal Procedure Code (2026 Revision) 23. STATEMENT OF OFFENCE First Count Dishonestly obtaining property by deception contrary to section 247(1) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , dishonestly obtained ownership, possession or control of certain property, that is to say one hundred dollars entrusted to A.B. by H.S., in order that, the said A.B., might retain the same in safe custody. STATEMENT OF OFFENCE Second Count Dishonestly obtaining property by deception, contrary to section 247(1) of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , dishonestly obtained ownership, possession or control of certain property, that is to say one hundred dollars entrusted to A.B. by H.S., in order that, the said A.B., might retain the same in safe custody. STATEMENT OF OFFENCE Third Count Dishonestly obtaining property contrary to section 247(1) of the Penal Code (2026 Revision) A.B., on the        day of                   , at                        , dishonestly obtained ownership, possession or control of certain property, that is to say one hundred dollars received by A.B. from H.S., for the account of L.M. 24. STATEMENT OF OFFENCE Libel, contrary to section 171 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , published a defamatory libel concerning W.Y., in the form of a letter addressed to J.B., which said letter contained the following defamatory matters concerning the said W.Y. \u2014 1. Do you know that about the year                                       your friend W.Y. was in the employ of L&J, and thatW.Y\u2019s accounts were found to be all Criminal Procedure Code (2026 Revision) SCHEDULE 3 wrong (meaning thereby that W.Y. was guilty of acts of dishonesty and falsification of accounts while W.Y. was in the employ of L&J). 2. As soon as W.Y.\u2019s defalcations were discovered and a warrant was applied for W.Y. fled to Rio (meaning thereby that the said W.Y. was a fugitive from justice). 3. Some time after this W.Y. appears to have returned to Grand Cayman, for W.Y. was found to be keeping a brothel at Bodden Town (meaning thereby that the said W.Y. had committed the criminal offence of keeping a brothel). (See Form 25 for plea of justification to Form 24). 25. PLEA OF JUSTIFICATION OF A.B., IN ANSWER TO THE INDICTMENT AGAINST A.B. FOR LIBEL (See Form 24). A.B. says the said A.B. is not guilty, and for a further plea that the said A.B. says that all the defamatory matters alleged in the indictment are true. PARTICULARS 1. On the        day of                   , at                        , W.Y. received the sum of one hundred dollars from C.F. and the sum of two hundred dollars from W.D., on behalf of W.Y.\u2019s employers L&J., which W.Y. fraudulently omitted to enter in their books or to account for in any way. 2. On the        day of                   , at                        ,, soon after W.Y.\u2019s defalcations were discovered and a warrant applied for against W.Y. for theft of W.Y.\u2019s employers\u2019 money and falsification of their books, W.Y. left Grand Cayman on a ship called the \u201cEagle\u201d, bound for Rio. 3. On the        day of                   , at                        , and other days in the year  W.Y. kept a brothel at Bodden Town, contrary to section 140 of the Penal Code (2026 Revision) AND A.B. says it was for the public benefit that the defamatory matters charged in the said indictment should be published by reason of the fact that W.Y. was, at the time of the publications thereof, a candidate for the public office of Membership of the Cayman Islands Parliament. 26. REPLICATION TO THE PLEA OF JUSTIFICATION OF A. B. (See Form 25) H.S., Clerk of the Grand Court, joins issue on behalf of His Majesty the King. SCHEDULE 3 Criminal Procedure Code (2026 Revision) 27. STATEMENT OF OFFENCE First Count Bankruptcy Offence, contrary to section 172 (a) of the Bankruptcy Act (2026 Revision) PARTICULARS OF OFFENCE A.B., having been adjudged bankrupt on the        day of                   , at                        , did not fully and truly discover to the trustee all A.B.\u2019s property and how and to whom and for what consideration A.B. had disposed of a piano, part thereof. STATEMENT OF OFFENCE Second Count Bankruptcy Offence, contrary to section 172 (c) of the Bankruptcy Act (2026 Revision) PARTICULARS OF OFFENCE A.B., having been adjudged bankrupt, on the        day of                   , at                        , did not deliver up to the trustee a book, called a ledger relating to A.B.\u2019s property affairs. STATEMENT OF OFFENCE Third Count Bankruptcy Offence, contrary to section 172(d) of the Bankruptcy Act (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , and within six months next of the presentation of a bankruptcy petition against A.B. upon which A.B. was adjudged bankrupt, fraudulently removed a piano, value four hundred dollars, part of A.B.\u2019s property. 28. STATEMENT OF OFFENCE Attempting to inter the body of a person dying a sudden death without the consent of the Coroner, contrary to section 20 of the Coroners Act (2021 Revision) PARTICULARS OF OFFENCE A.B. and G.C., the        day of                   , at                         , intending to prevent the Coroner of                         from holding an inquest in the execution of the Coroner\u2019s duty upon the view of the dead body of S.C., who died a violent, or an unnatural or sudden death Criminal Procedure Code (2026 Revision) SCHEDULE 3 of which the cause was unknown, did attempt to bury the said dead body in a certain place called                                           . 29. STATEMENT OF OFFENCE Conspiracy to incite women to kill their unborn children, contrary to sections 321 and 199 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., and C.D., on divers days between the           and the          , at              , conspired together and with other persons unknown to incite women being with child to administer to themselves noxious things with intent to procure the death of their unborn children. 30. STATEMENT OF OFFENCE First Count Infanticide, contrary to section 198 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , caused the death of her newly-born child by stabbing it with a knife but at the time of the act she had not fully recovered from the effect of giving birth to such child and by reason thereof her mind was then disturbed. STATEMENT OF OFFENCE Second Count Infanticide, contrary to section 198 of the Penal Code (2026 Revision) PARTICULARS OF OFFENCE A.B., on the        day of                   , at                        , caused the death of her newly-born child by a wilful omission, that is to say wilfully neglecting to                               , at the time of the omission she had not fully recovered from the effect of giving birth to such child and by reason thereof the balance of her mind was then disturbed. SCHEDULE 4 Criminal Procedure Code (2026 Revision) SCHEDULE 4 Voluntary Indictments Application to judge of the Grand Court 1. An application under section 108 for consent to the preferment of an indictment may be made to a judge of the Grand Court. Application to be in writing 2. Every such application shall be made in writing and shall be signed by the applicant or the applicant\u2019s attorney-at-law. Accompanying documents to application etc. 3. Every application \u2014 (a) shall be accompanied by the indictment which it is proposed to prefer and, unless the application is made by or on behalf of the Director of Public Prosecutions, shall also be accompanied by an affidavit by the applicant, or, if the applicant is a corporation, by an affidavit by a director or officer of the corporation, that the statements contained in the application are, to the best of the deponent\u2019s knowledge, information and belief, true; and (b) shall state whether or not any application has previously been made under this Act and whether there have been any committal proceedings, and the result of any such application or proceedings. Application where no committal proceedings 4. Where there are no committal proceedings, the application shall state the reason why it is desired to prefer an indictment without such proceedings and \u2014 (a) there shall accompany the application proofs of evidence of the witnesses whom it is proposed to call in support of the charges; and (b) the application shall embody a statement that the evidence shown by the proofs will be available at the trial and that the case disclosed by the proofs is, to the best of the knowledge, information and belief of the applicant, substantially a true case. Application where committal proceedings 5. Where there have been committal proceedings, and the magistrate has refused to commit the accused for trial, the application shall be accompanied by \u2014 (a) a copy of the committal documents; and Criminal Procedure Code (2026 Revision) SCHEDULE 4 (b) proofs of any evidence which it is proposed to call in support of the charges so far as that evidence is not contained in the committal documents; and the application shall embody a statement that the evidence shown by the proofs and (except so far as may be expressly stated to the contrary in the application) the evidence shown by the committal documents, will be available at the trial and that the case disclosed by the committal documents and proofs is, to the best of the knowledge, information and belief of the applicant, substantially a true case. Application where person committed for trial 6. Where the accused has been committed for trial the application shall state why the application is made and shall be accompanied by proofs of evidence which it is proposed to call in support of the charges, so far as that evidence is not contained in the committal documents and, unless the committal documents have already been transmitted to the judge to whom the application is made, shall also be accompanied by a copy of the committal documents; and the application shall also embody a statement that the evidence shown by the proofs is, to the best of the knowledge, information and belief of the applicant, substantially a true case. Judge\u2019s decision in writing 7. Unless the judge otherwise directs in any particular case, the judge\u2019s decision on the application shall be signified in writing on the application without requiring the attendance before the judge of the applicant or of any of the witnesses, and if the judge thinks fit to require the attendance of the applicant or of any of the witnesses, their attendance shall not be in open court. Applicant may attend by an attorney-at-law 8. Unless the judge gives a direction to the contrary, where an applicant is required to attend as aforesaid, the applicant may attend by an attorney-at-law. Inspection of committal documents 9. It shall be the duty of any person in charge of any committal documents to give to any person desiring to make an application for leave to prefer an indictment against a person in respect of whom committal proceedings have taken place, a reasonable opportunity to inspect the committal documents and, if so required by the person, to supply the person with copies of the documents or any part thereof. SCHEDULE 5 Criminal Procedure Code (2026 Revision) SCHEDULE 5 (section 85A) Application for Dismissal 1. Where a person has had a matter transmitted to the Grand Court under section 85A of this Act, that person may, on any charge or charges, at any time \u2014 (a) after that person is served with copies of the document containing the evidence on which the charge or charges are based; and (b) before that person is arraigned and whether or not an indictment has been preferred against that person, apply orally or in writing to the Grand Court for the charge or any of the charges, in the case to be dismissed. 2. The Judge shall dismiss a charge and accordingly quash any count relating to it in any indictment preferred against the applicant, which is the subject of any such application if the Judge is satisfied that the evidence against the applicant would not be sufficient to put the applicant on the applicant\u2019s trial. 3. An oral application may not be made unless the applicant has given the Grand Court written notice of that person\u2019s intention to make the application. 4. Oral evidence may be given on such an application only with the leave of the Judge or by the Judge\u2019s order; and the Judge shall give leave or make an order only if it appears to the Judge, having regard to any matters stated in the application for leave, that the interests of justice require the Judge to do so. 5. If the Judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the Judge may disregard any document indicating the evidence that that person might have given. 6. If the charge, or any of the charges, against the applicant is dismissed \u2014 (a) no further proceedings may be brought on the dismissed charge or charges except by means of the preferment of a voluntary bill of indictment; and (b) unless the applicant is in custody otherwise than on the dismissed charge or charges, the applicant shall be discharged. 7. The Grand Court Rules may make provision for the purposes of this Schedule and, without prejudice to the generality of this Schedule, may make provision \u2014 (a) as to the time or stage in the proceedings at which anything required to be done is to be done, unless the court grants leave to do it at some other time or stage; (b) as to the contents and form of notices or other documents; (c) as to the manner in which evidence is to be submitted; and Criminal Procedure Code (2026 Revision) SCHEDULE 5 (d) as to persons to be served with notices or other material. Publication in consolidated and revised form authorised by the Cabinet this 28th day of January, 2026. Kim Bullings Clerk of Cabinet Criminal Procedure Code (2026 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Act\/Law # Legislation Commencement Gazette 6\/2025 Criminal Procedure Code (Amendment) Act, 2025 19-Feb-2025 LG15\/2025\/s5 Criminal Procedure Code (2021 Revision) 22-Jan-2021 LG7\/2021\/s5 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 35\/2020 Civil Partnership Law, 2020 40Sep-2020 LG64\/2020\/s1 24\/2020 Criminal Procedure Code (Amendment) Law, 2020 22-May-20 LG39\/2020\/s7 Criminal Procedure Code (2019 Revision) 14-Feb-2019 LG1\/2019\/s6 18\/2018 Criminal Procedure Code (Amendment) Law, 2018 13-Aug-18 G17\/2018\/s16 Criminal Procedure Code (2017 Revision) 31-May-17 GE45\/2017\/s2 37\/2016 Criminal Procedure Code (Amendment) Law, 2016 5-Dec-16 G25\/2016\/s2 Criminal Procedure Code (2014 Revision) 7-Nov-14 GE83\/2014\/s1 2\/2014 Criminal Procedure Code (Amendment) Law, 2014 10-Mar-14 G5\/2014\/s2 40\/2013 Criminal Procedure Code Order, 2013 made the 3rd December, 2013 11-Dec-13 GE98\/2013\/s1 Criminal Procedure Code (2013 Revision) 21-Oct-13 G21\/2013 s1 22\/2012 Criminal Procedure Code (Amendment) Law, 2012 20-Sep-12 GE91\/2012\/s2 E1\/2012 Erratum: Criminal Procedure Code (Amendment) (No. 2) Law, 2011 16-Jan-12 G3\/2012\/p16 33\/2011 Criminal Procedure Code (Amendment) (No. 2) Law, 16-Jan-12 G2\/2012\/s3 Criminal Procedure Code (2011 Revision) 24-Oct-11 G22\/2011 s6 7\/2011 Criminal Procedure Code (Amendment) Law, 2011 1-Feb-11 GE11\/2011\/s2 Criminal Procedure Code (2010 Revision) 25-Oct-10 G22\/2010 s4 12\/2010 Criminal Procedure Code (Amendment) Law, 2010 26-Apr-10 G9\/2010\/s14 Criminal Procedure Code (2006 Revision) 26-Jun-06 G13\/2006 s4 20\/2005 Criminal Procedure Code (Amendment) Law, 2005 15-Nov-05 G23\/2005\/s5 Criminal Procedure Code (2005 Revision) 25-Jul-05 G15\/2005s4 16\/2003 Criminal Procedure Code (Amendment) Law, 2003 22-Aug-03 GE24\/2003\/s4 19\/2001 Criminal Procedure Code (Amendment) Law, 2001 8-Oct-01 G21\/2001\/s2 ENDNOTES Criminal Procedure Code (2026 Revision) SL # Act\/Law # Legislation Commencement Gazette 17\/2000 Criminal Procedure Code (Amendment) (Abolition of Death Penalty)Law, 2000 20-Nov-00 G24\/2000\/s5 16\/1998 Criminal Procedure Code (Amendment) Law, 1998 21-Dec-98 G26\/1998\/s3 8\/1995 Subsequent Amendment Youth Justice Law, 1995 12-Mar-96 GE20\/1995\/s1 E1\/1995 Erratum: Criminal Procedure Code (1995 Revision) 11-Dec-95 G25\/1995\/p1 Criminal Procedure Code (1995 Revision) 16-Oct-95 G21\/1995 s2 7\/1992 Bail Law, 1992 7-Sep-92 G18\/1992\/s1 6\/1991 Criminal Procedure Code (Amendment) Law, 1991 6-May-91 G9\/1991\/s9 9\/1987 Criminal Procedure Code (Amendment) Law, 1987 22-Jun-87 G13\/1987\/s7 3\/1986 Criminal Procedure (Amendment) Law, 1986 14-Apr-86 G8\/1986\/s5 8\/1984 Criminal Procedure (Amendment) (No. 2) Law, 1984 23-Jul-84 G15\/1984\/s5 7\/1984 Criminal Procedure (Amendment) Law, 1984 23-Jul-84 G15\/1984\/s4 28\/1983 Criminal Procedure Code (Amendment), 1983 9-Jan-84 G1\/1984\/s2 17\/1981 Criminal Procedure Code (Amendment) Law, 1981 2-Nov-81 G22\/1981\/s3 19\/1979 Penal Code (Amendment) Law, 1979 3-Jul-79 G14\/1979\/s3 17\/1979 Criminal Procedure Code (Amendment) (No. 2) Law, 3-Jul-79 G14\/1979\/s1 13\/1975 3-Sep-75 G25\/1975\/s2 Criminal Procedure Code (2026 Revision) ENDNOTES ENDNOTES Criminal Procedure Code (2026 Revision) (Price: $24.00)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2026_02_03\", \"date\": \"2026-02-03\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2026_02_03\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2026_02_03\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/13\", \"FRBRdate\": [{\"date\": \"2026-02-03\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/13\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1975-0013\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"13 of 1975\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03\", \"FRBRdate\": [{\"date\": \"2026-02-03\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1975\/13\/eng@2026-02-03.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Criminal Procedure Code\", \"actNumber\": \"13 of 1975\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nCRIMINAL PROCEDURE CODE\n(2026 Revision)\n\nSupplement No. 1 Published with Legislation Gazette No. 5 of 3rd February, 2026.\n\nPage 2\nRevised as at 31st December, 2025\nc\n\nPUBLISHING DETAILS\nLaw 13 of 1975 consolidated with Laws 5 of 1979, 17 of 1979, 19 of 1979 (part), 17 of\n1981, 28 of 1983, 7 of 1984, 8 of 1984, 3 of 1986, 9 of 1987, 6 of 1991, 7 of 1992 (part),\n8 of 1995 (part), 16 of 1998, 17 of 2000, 19 of 2001, 16 of 2003, 20 of 2005, 12 of 2010,\n7 of 2011, 33 of 2011, 22 of 2012, 2 of 2014, 37 of 2016, 18 of 2018, 24 of 2020, 35 of\n2020 and Act  56 of 2020 and 6 of 2025, the Criminal Procedure Code Order, 2013 and as\namended by the Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No.\n1283).\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 13 of 1975-3rd September, 1975\nLaw 5 of 1979-9th April, 1979\nLaw 17 of 1979-11th June, 1979\nLaw 19 of 1979-11th June, 1979\nLaw 17 of 1981-27th August, 1981\nLaw 28 of 1983-22nd November, 1983\nLaw 7 of 1984-9th May, 1984\nLaw 8 of 1984-9th May, 1984\nLaw 3 of 1986-12th March, 1986\nLaw 9 of 1987-29th April, 1987\nLaw 6 of 1991-8th March, 1991\nLaw 7 of 1992-13th July, 1992\nLaw 8 of 1995-13th September, 1995\nLaw 16 of 1998-9th October, 1998\nLaw 17 of 2000-18th September, 2000\nLaw 19 of 2001-4th July, 2001\nLaw 16 of 2003-24th July, 2003\nLaw 20 of 2005-14th October, 2005\nLaw 12 of 2010-24th March, 2010\nLaw 7 of 2011-14th January, 2011\nLaw 33 of 2011-5th December, 2011\nLaw 22 of 2012-31st August, 2012\nLaw 2 of 2014-31st January, 2014\nLaw 37 of 2016-24th October, 2016\nLaw 18 of 2018-29th June, 2018\n\nCriminal Procedure Code (2026 Revision)\nPublication Details Continued\n\nc\nRevised as at 31st December, 2025\nPage 3\n\nLaw 24 of 2020-20th May, 2020\nLaw 35 of 2020-4th September, 2020\nAct 56 of 2020-7th December, 2020\nAct 6 of 2025-6th February, 2025.\n\nOriginally enacted \u2014\nOrder of 2013-3rd December, 2013\nU.K. Order 2020-11th November, 2020.\n\nConsolidated and revised this 31st day of December, 2025.\n\nNote (not forming part of this Act):  This revision replaces the 2021 Revision which\nshould now be discarded.\n\nCriminal Procedure Code (2026 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2025\nPage 5\n\nCAYMAN ISLANDS\n\nCRIMINAL PROCEDURE CODE\n(2026 Revision)\nArrangement of Sections\nSection\nPage\nPART 1 - Preliminary\n1.\nShort title ................................................................................................................................. 11\n2.\nDefinitions ................................................................................................................................ 11\n3.\nInquiry into and trial of offences ............................................................................................... 12\nPART 2 - Powers of Courts\n4.\nPower of courts to try offences ................................................................................................. 12\n5.\nMode of trial of particular offences ........................................................................................... 13\n6.\nSentences which courts may impose ....................................................................................... 13\n7.\nCommittal for sentence on summary trial of offence triable either way ..................................... 13\n8.\nSentences in cases of conviction of several offences at one trial ............................................. 14\nPART 3 - General Provisions Relating to Criminal\nInvestigations and Proceedings\n9.\nAuthority of Grand Court and Summary Court, and general validity of judicial process ............. 15\n10.\nCourt to be open ...................................................................................................................... 15\n11.\nPower of Director of Public Prosecutions to enter nolle prosequi.............................................. 16\n12.\nAuthority of Director of Public Prosecutions in respect of conduct of prosecutions ................... 16\n13.\nConduct of private prosecutions ............................................................................................... 17\n14.\nComplaint and charge .............................................................................................................. 17\n15.\nIssue of summons or warrant ................................................................................................... 18\n16.\nForm, validity and execution of warrant of arrest ...................................................................... 18\n\nArrangement of Sections\nCriminal Procedure Code (2026 Revision)\n\nPage 6\nRevised as at 31st December, 2025\nc\n\n17.\nCourt may direct security to be taken ....................................................................................... 19\n18.\nService of summons ................................................................................................................ 19\n18A. Service of witness summonses on designated public officers by electronic means .................. 20\n19.\nService on company ................................................................................................................ 21\n20.\nProof of service of summons ................................................................................................... 22\n21.\nIf summons disobeyed, warrant may issue .............................................................................. 22\n22.\nPower to take bond for appearance ......................................................................................... 22\n23.\nProcedure in case of non-appearance of bonded person or depositor ..................................... 22\n24.\nForfeiture of bond .................................................................................................................... 22\n25.\nCourt may order prisoner to be brought before it ...................................................................... 23\n26.\nSearch warrants ...................................................................................................................... 23\n27.\nExecution of search warrants ................................................................................................... 23\n28.\nSearch warrants-further provisions .......................................................................................... 24\n29.\nBail .......................................................................................................................................... 24\n30.\nDischarge from custody when bail is granted ........................................................................... 24\n31.\nAnonymity of complainants in rape, etc., cases ........................................................................ 25\n32.\nPersons convicted or acquitted not to be tried again for same offence ..................................... 26\n33.\nA person may be tried again for separate offence .................................................................... 26\n34.\nConsequences supervening or not known at time of former trial .............................................. 26\n35.\nWhere original court was not competent to try subsequent charge........................................... 26\n36.\nProof of previous conviction ..................................................................................................... 26\n37.\nSummons for witness .............................................................................................................. 27\n38.\nWarrant for witness who disobeys summons ........................................................................... 27\n39.\nWarrant for witness in first instance ......................................................................................... 27\n40.\nMode of dealing with witness arrested under warrant ............................................................... 27\n41.\nPower of court to order prisoner to be brought up for examination ........................................... 27\n42.\nPenalty for non-attendance of witness ..................................................................................... 27\n43.\nPower to summon material witness or examine person present ............................................... 28\n44.\nEvidence to be given on oath ................................................................................................... 28\n45.\nRefractory witness ................................................................................................................... 28\n46.\nProcedure where person charged is the only witness called .................................................... 29\n47.\nCourt to inquire into suspected incapacity of accused .............................................................. 29\n48.\nProcedure when accused found insane during proceedings .................................................... 29\n49.\nDefence of insanity at preliminary investigation ........................................................................ 30\n50.\nResumption of proceedings if accused ceases to be incapable ................................................ 30\n51.\nPrima facie evidence of capacity of accused may be given by certificate ................................. 30\n52.\nProvisions relating to the taking of evidence ............................................................................ 30\n53.\nRecording of evidence ............................................................................................................. 31\n54.\nMode of delivering judgment .................................................................................................... 32\n55.\nContents of judgment ............................................................................................................... 32\n56.\nAccused person entitled to copy of judgment on application .................................................... 32\n57.\nProperty found on accused person .......................................................................................... 32\n58.\nRestitution of stolen property after conviction ........................................................................... 33\n59.\nAlternative convictions ............................................................................................................. 33\n60.\nAccused persons entitled to be present at trial and related proceedings and may be\nrepresented by a legal practitioner ........................................................................................... 34\n60A. Appearing by live television link, etc., for purposes of mention and remand ............................. 35\n\nCriminal Procedure Code (2026 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2025\nPage 7\n\nPART 4 - Procedure in Trials before the Summary Court\n61.\nNon-appearance of complainant at trial.................................................................................... 36\n62.\nNon-appearance of defendant at trial ....................................................................................... 36\n63.\nWhen neither party appears ..................................................................................................... 36\n64.\nCourt to have same powers at adjourned hearing as at first hearing ........................................ 36\n65.\nPower to postpone or adjourn trial ........................................................................................... 36\n66.\nAppearance of both parties ...................................................................................................... 37\n67.\nIf accused pleads guilty............................................................................................................ 37\n68.\nPleas in other cases ................................................................................................................ 37\n69.\nProcedure after plea of not guilty ............................................................................................. 37\n70.\nAcquittal of accused person if no case to answer ..................................................................... 37\n71.\nThe defence ............................................................................................................................ 38\n72.\nEvidence in reply ..................................................................................................................... 38\n73.\nOpening and closing of cases for prosecution and defence ..................................................... 38\n74.\nAmendment of charge and variance between charge and evidence ......................................... 38\n75.\nThe decision of the court .......................................................................................................... 39\n76.\nDrawing up conviction .............................................................................................................. 39\n77.\nAcquittal of accused person to bar further proceedings ............................................................ 39\n78.\nLimitation of time for proceedings for summary offences .......................................................... 40\n79.\nPower of court in cases triable both summarily and on indictment ............................................ 40\n80.\nSpecial procedure in minor cases where the charge is admitted .............................................. 40\n81.\nWhere court awards imprisonment without option of fine, prisoner shall be committed to\nprison ...................................................................................................................................... 40\n82.\nPowers of magistrate when imposing a fine ............................................................................. 41\n83.\nWithdrawal of complaint ........................................................................................................... 41\nPART 5 - Procedure for Committal of Accused for Trial\nbefore the Grand Court\n84.\nPower of court to commit for trial or transmit for hearing .......................................................... 42\n85.\nCourt to hold preliminary inquiry .............................................................................................. 42\n85A. No preliminary inquiry for Category A offences ........................................................................ 42\n86.\nMagistrate to read charge to accused and explain purpose of the proceedings ........................ 44\n87.\nRepealed ................................................................................................................................. 44\n88.\nCommittal for trial on written statements .................................................................................. 44\n88A. Power to join in indictment count for summary offence if punishable with imprisonment,\netc. .......................................................................................................................................... 45\n89.\nVariance between evidence and charge .................................................................................. 45\n90.\nRemand ................................................................................................................................... 46\n91.\nRepealed ................................................................................................................................. 46\n92.\nRepealed ................................................................................................................................. 46\n93.\nDischarge of accused person................................................................................................... 46\n94.\nSummary adjudication in certain cases .................................................................................... 47\n95.\nRepealed ................................................................................................................................. 47\n96.\nComplainant and witnesses to be bound over .......................................................................... 47\n97.\nRefusal to be bound over ......................................................................................................... 47\n98.\nAccused person entitled to copy of the written statements ....................................................... 47\n99.\nBinding over of witness conditionally ........................................................................................ 48\n100. Deposition of witness who is ill or about to leave the Islands.................................................... 49\n\nArrangement of Sections\nCriminal Procedure Code (2026 Revision)\n\nPage 8\nRevised as at 31st December, 2025\nc\n\n101. Notice to be given .................................................................................................................... 49\n102. Magistrate to deal with the deposition as with any other deposition.......................................... 49\n103. Such deposition to be admissible in evidence .......................................................................... 49\n104. Accused to have the same privileges as prosecutor under section 103 .................................... 50\n105. Transmission of records to Grand Court and Director of Public Prosecutions........................... 50\n106. Power of Director of Public Prosecutions to refer case back to magistrate for further\npreliminary inquiry ................................................................................................................... 50\n107. Mode of trial upon committal to the Grand Court and preferment of indictment ........................ 51\n108. Voluntary indictment ................................................................................................................ 51\n109. Notice of trial ........................................................................................................................... 51\n110. Service of copy of indictment and notice of trial ....................................................................... 52\n111. Postponement of trial ............................................................................................................... 52\n112. Restrictions on reports of committal proceedings ..................................................................... 52\nPART 6 - Procedure in Trials before the Grand Court\n113. Practice of Grand Court in the exercise of its criminal jurisdiction ............................................ 55\n114. Bench warrant where accused does not appear ...................................................................... 55\n115. Bringing up prisoner for trial ..................................................................................................... 55\n116. Arraignment of accused ........................................................................................................... 55\n117. Objection to indictment on grounds of insufficiency of particulars ............................................. 56\n118. Amendment of indictment, separate trial and postponement of trial ......................................... 56\n119. Quashing of indictment ............................................................................................................ 57\n120. Charge of previous conviction .................................................................................................. 57\n121. Pleading to the indictment ........................................................................................................ 57\n122. Refusal or incapacity to plead .................................................................................................. 58\n123. Proceedings when plea made .................................................................................................. 58\n124. Special pleas allowed to be pleaded ........................................................................................ 58\n125. General effect of pleas of autrefois acquit and autrefois convict ............................................... 59\n126. Effect where previous offence charged was without aggravation ............................................. 59\n127. Use of depositions, etc., on former trial, or trial of special plea ................................................. 59\n128. Power to postpone or adjourn trial ........................................................................................... 60\n129. Election of trial by Judge alone ................................................................................................ 60\n130. Procedure relating to jurors ...................................................................................................... 60\n131. Giving prisoner in charge of the jury ......................................................................................... 61\n132. Case for the prosecution .......................................................................................................... 61\n133. Additional witnesses for the prosecution .................................................................................. 61\n134. Cross-examination of prosecution witnesses ........................................................................... 61\n135. Depositions may be read in certain cases ................................................................................ 61\n136. Statement of accused .............................................................................................................. 62\n137. Close of case for prosecution................................................................................................... 62\n138. Case for the defence ............................................................................................................... 63\n139. Additional witnesses for the defence ........................................................................................ 63\n140. Evidence in reply ex improviso ................................................................................................. 63\n141. Where accused adduces no evidence ..................................................................................... 63\n142. Right of reply ........................................................................................................................... 63\n143. Court may require witness to be called .................................................................................... 64\n144. Recalling a witness .................................................................................................................. 64\n145. Summing up by the Judge ....................................................................................................... 64\n\nCriminal Procedure Code (2026 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2025\nPage 9\n\n146. Consideration of verdict by jury ................................................................................................ 64\n147. Recording of verdict ................................................................................................................. 64\n148. Verdict of not guilty .................................................................................................................. 64\n149. Calling upon the accused ......................................................................................................... 64\n149A. Treatment of summary offence by Grand Court when joined on indictment pursuant to\nsection 88A .............................................................................................................................. 65\n150. Motion in arrest of judgment..................................................................................................... 66\n151. Evidence for arriving at proper sentence .................................................................................. 66\n152. Sentence ................................................................................................................................. 66\n153. Recording of judgment ............................................................................................................. 66\n154. Power to allow time for payment .............................................................................................. 66\n155. Objections cured by verdict ...................................................................................................... 67\n156. Time for raising objections ....................................................................................................... 67\n157. Minutes of proceedings in trial before Grand Court .................................................................. 67\nPART 7 - Procedure Relating to Persons Found Insane\n158. Special verdict where accused found insane at time of offence charged .................................. 67\n159. Powers to deal with persons not guilty by reason of insanity or unfit to plead etc. .................... 68\n159A. Interpretation for this Part ........................................................................................................ 69\n159B. Regulations for this Part........................................................................................................... 69\nPART 8 - Provisions Relating to the Framing of Indictments\n160. Offence to be specific in indictment .......................................................................................... 69\n161. Joinder of counts in indictment ................................................................................................. 69\n161A. Power to join in indictment count for summary offence if founded on the same facts, etc. ........ 70\n162. Joinder of two or more accused in one indictment.................................................................... 70\n163. Rules for the framing of indictments ......................................................................................... 71\n164. Application of Part 8 and Rules to charges before Summary Court .......................................... 71\nPART 9 - Appeals from Summary Court\n165. Appeals from decisions of Summary Court .............................................................................. 72\n166. Magistrate to inform accused person of right of appeal ............................................................ 72\n167. Limitations on right of appeal ................................................................................................... 72\n168. Appeal not to operate as a stay ............................................................................................... 72\n169. Recognisance on security to be taken...................................................................................... 73\n170. Transmission of appeal papers ................................................................................................ 73\n171. Admission of appellant to bail .................................................................................................. 73\n172. Case stated ............................................................................................................................. 74\n173. Remedy if case stated refused ................................................................................................. 74\n174. Duty of Summary Court as to case stated ................................................................................ 74\n175. Appellant entitled to copies of evidence ................................................................................... 75\n176. Court to set appeal down for argument .................................................................................... 75\n177. Appeal not a re-hearing unless the court so decides ................................................................ 75\n178. Procedure on hearing of appeal ............................................................................................... 75\n179. Court on hearing appeal to decide on facts as well as law ....................................................... 76\n180. On appeal, court confined to facts and evidence stated therein ............................................... 76\n181. Powers of court on hearing appeals ......................................................................................... 76\n\nArrangement of Sections\nCriminal Procedure Code (2026 Revision)\n\nPage 10\nRevised as at 31st December, 2025\nc\n\n182. Costs ....................................................................................................................................... 76\n183. Where appeal is abandoned court may give respondent their costs ......................................... 76\n184. No appeal on point of form or matter of variance ..................................................................... 77\n185. Court may decide on merits notwithstanding any defect in form ............................................... 77\n186. Defect in order or warrant of commitment not to render void .................................................... 77\n187. Where conviction confirmed, warrant may issue as though no appeal had been made ............ 77\nPART 10 - Miscellaneous\n188. Powers of Grand Court in respect of habeas corpus, etc. ........................................................ 78\n189. Abolition of right of accused person to make unsworn statement ............................................. 78\n190. Code does not limit powers of courts relating to probation of young persons ........................... 78\n191. General power to require recognisance to keep the peace ...................................................... 78\n192. Seizure of property obtained by offence ................................................................................... 79\n193. Copies of proceedings ............................................................................................................. 79\n194. Criminal informations abolished ............................................................................................... 80\n195. Rules ....................................................................................................................................... 80\n196. Transitional provisions ............................................................................................................. 80\nSCHEDULE 1\n81\nMode of Trial and Arrestable Offences\n81\nSCHEDULE 2\n97\nForm of Search Warrant\n97\nSCHEDULE 3\n98\nRules for Framing Indictments\n98\nSCHEDULE 4\n112\nVoluntary Indictments\n112\nSCHEDULE 5\n114\nApplication for Dismissal\n114\nENDNOTES\n117\nTable of Legislation history: ............................................................................................................. 117\n\nCriminal Procedure Code (2026 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2025\nPage 11\n\nCAYMAN ISLANDS\n\nCRIMINAL PROCEDURE CODE\n(2026 Revision)\n\nPART 1 - Preliminary\n1.\nShort title\n1.\nThis Act (hereinafter referred to as \u201cthis Code\u201d) may be cited as the Criminal\nProcedure Code (2026 Revision).\n2.\nDefinitions\n2.\nIn this Code \u2014\n\u201cClerk\u201d means the person appointed as Clerk of the Court under section 7 of\nthe Grand Court Act (2026 Revision);\n\u201cCommissioner of Police\u201d means the person appointed under section 8 of the\nPolice Act (2021 Revision) and includes every person acting under that person\u2019s\nauthority;\n\u201ccommitted for trial\u201d means committed for trial before the Grand Court;\n\u201ccomplaint\u201d means an allegation that some person has committed an offence;\n\u201ccounsel\u201d means any legal practitioner instructed to represent any party in\nproceedings before a court;\n\u201ccourt\u201d means the Grand Court or the Summary Court and the person presiding\nover such court as the context may require;\n\nSECTION 3\nCriminal Procedure Code (2026 Revision)\n\nPage 12\nRevised as at 31st December, 2025\nc\n\n\u201cCourt of Appeal\u201d means the Court of Appeal exercising jurisdiction under the\nCayman Islands Constitution Order 2009 [U.K.S.I. 2009 No. 1379] and in\naccordance with the Court of Appeal Act (2023 Revision);\n\u201cJudge\u201d means a Judge of the Grand Court;\n\u201clegal practitioner\u201d means any person authorised to practise as such before the\nGrand Court under any law for the time being in force;\n\u201cmagistrate\u201d includes a person presiding over a Summary Court and having\njurisdiction in the matter under reference;\n\u201cmedical practitioner\u201d means any person registered under the Health Practice\nAct (2021 Revision) as being authorised to practise medicine in the Islands;\n\u201cpolice officer\u201d means any constable or member of the Police Service\nestablished under the Police Act (2021 Revision);\n\u201cpreliminary inquiry\u201d means an inquiry into a criminal charge conducted by a\nSummary Court under this Code, with a view to the committal of an accused\nperson for trial before the Grand Court;\n\u201cprivate prosecution\u201d means a prosecution instituted by any person\nother than \u2014\n(a)\na person appearing on behalf of the Crown, the Commissioner of Police or\nany department of the Government; or\n(b) a public officer acting in that person\u2019s official capacity or any person\nappearing on that person\u2019s behalf;\n\u201cpublic officer\u201d means any person holding any office in the public service of\nthe Government;\n\u201cSummary Court\u201d means a court established under the Summary Jurisdiction\nAct (2025 Revision) or, with respect to proceedings or applications in connection\nwith young persons (as defined in the Youth Justice Act (2021 Revision) under\nthat Act; and\n\u201cyoung person\u201d means a person under the age of seventeen years.\n3.\nInquiry into and trial of offences\n3.\nSubject to the express provisions of any other law for the time being in force, all\noffences shall be inquired into, tried and otherwise dealt with according to this Code.\nPART 2 - Powers of Courts\n4.\nPower of courts to try offences\n4.\nSave in the case of departmental, disciplinary and procedural offences for the disposal\nof which special provision is made in any other law, all offences shall be tried \u2014\n\nCriminal Procedure Code (2026 Revision)\nSection 5\n\nc\nRevised as at 31st December, 2025\nPage 13\n\n(a)\nupon indictment before the Grand Court; or\n(b) summarily by the Summary Court.\n5.\nMode of trial of particular offences\n5.\n(1) For the purpose of determining the mode of trial before a court, offences shall\nbe classified into three categories \u2014\nCategory A- offences triable upon indictment and not otherwise;\nCategory B- offences triable upon indictment which, with the consent of the\nprosecution and the person charged (or all of the persons charged if there be\nmore than one), may be tried summarily; and\nCategory C-offences triable summarily and not otherwise.\n(2) Where any law creating an offence fails to prescribe the mode of trial, the mode\nof trial shall be as prescribed in Schedule 1.\n(3) Notwithstanding any other law but subject to section 190, the offences set forth\nin Schedule 1 shall fall into the categories therein prescribed.\n6.\nSentences which courts may impose\n6.\n(1) The Grand Court may pass any sentence authorised by law to be inflicted in\nrespect of the offence for which it is imposed.\n(2) Subject to the express provisions of any other law a Summary Court may, in a\ncase in which such sentence is authorised by law to be inflicted in respect of the\noffence for which it is imposed, pass sentences of \u2014\n(i)\nimprisonment for four years; and\n(ii) a fine of two thousand dollars.\n(3) Any court may pass any lawful sentence combining any of the sentences which\nit is authorised by law to pass.\n(4) In determining the extent of a court\u2019s jurisdiction under this Code to pass a\nsentence of imprisonment, the court shall be deemed to have jurisdiction to pass\nthe full sentence of imprisonment permitted under this section in addition to any\nimprisonment which may be awarded in default of payment of a fine, costs or\ncompensation.\n7.\nCommittal for sentence on summary trial of offence triable either way\n7.\n(1) Subject to subsection (2)(c), this section applies where, on the summary trial of\na Category B offence, a person who is not less than eighteen years old is\nconvicted of an offence.\n(2) If a Summary Court is of opinion \u2014\n\nSECTION 8\nCriminal Procedure Code (2026 Revision)\n\nPage 14\nRevised as at 31st December, 2025\nc\n\n(a)\nthat an offence or the combination of the offence and one or more offences\nassociated with it was so serious that greater punishment should be\ninflicted for the offence than the court has the power to impose;\n(b) in the case of a violent or sexual offence, that a custodial sentence for a\nterm longer than the court has power to impose is necessary to protect the\npublic from serious harm from a person; or\n(c)\nthat a conviction for a Category B or C offence in that court results in the\nbreach of a Grand Court order,\nthe Summary Court may, in accordance with Practice Directions issued under\nthis section, commit the offender in custody or on bail to the Grand Court for\nsentence.\n(3) The preceding provisions shall apply in relation to a corporation as if \u2014\n(a)\nthe corporation was an individual who is not less than eighteen years\nold; and\n(b) in subsection (2), paragraph (b), the words \u201cin custody or on bail\u201d were\nomitted.\n(4) Where an accused is committed by a Summary Court under this section, the\nGrand Court shall inquire into the circumstances of the case and shall have\npower to deal with the offender in any manner in which it could deal with the\noffender if that offender had been convicted by the Grand Court.\n(5) Nothing in this section compels the Grand Court to impose a greater sentence\nthan that which could have been imposed by the Summary Court.\n(6) The Chief Justice may, from time to time, issue Practice Directions relating to\nthe power of a Summary Court to commit under this section and the procedure\nto be followed in such committals.\n8.\nSentences in cases of conviction of several offences at one trial\n8.\n(1) When a person is convicted at one trial of two or more distinct offences the court\nmay sentence the person, for such offences, to the several punishments\nprescribed therefor which such court is competent to impose; such punishments\nwhen consisting of imprisonment to commence the one after the expiration of\nthe other, unless the court directs that such punishments shall run concurrently.\n(2) In the case of consecutive sentences it shall not be necessary for the Summary\nCourt, by reason only of the aggregate punishment for the several offences being\nin excess of the punishment which it is permitted to impose on conviction of a\nsingle offence, to send the offender for trial before the Grand Court:\nProvided that the aggregate punishment shall not exceed twice the amount of\npunishment which the Summary Court, as constituted to try that particular\noffender, is competent to impose in the exercise of its ordinary jurisdiction.\n\nCriminal Procedure Code (2026 Revision)\nSection 9\n\nc\nRevised as at 31st December, 2025\nPage 15\n\nPART 3 - General Provisions Relating to Criminal\nInvestigations and Proceedings\n9.\nAuthority of Grand Court and Summary Court, and general validity of judicial\nprocess\n9.\n(1) The Grand Court and the Summary Court shall have authority to cause to be\nbrought before it any person who is within the Islands and who is charged with\nan offence \u2014\n(a)\ncommitted within the Islands; or\n(b) which according to law may be inquired into or tried as if it had been\ncommitted within the Islands,\nand to deal with the accused person according to law and subject to the\njurisdiction of the court concerned.\n(2) Any summons, warrant of arrest, search warrant or other judicial process issued\nin due form under any law by any court, shall be of full force and effect in all\nparts of the Islands without any requirement for further authentication, backing\nor endorsement by any person before execution.\n(3) In addition to the powers conferred upon a Judge by this Code or any other law,\na Judge shall have all the powers conferred by this Code or any other law upon\nany person to issue any summons, warrant of arrest, search warrant or other\njudicial process.\n10.\nCourt to be open\n10. The place in which any court sits for the purpose of trying any offence or for the\npurpose of hearing any other proceedings relating to an offence shall be an open court\nto which the public generally may have access, so far as the same can conveniently\ncontain them:\nProvided that the court, if it thinks fit at any stage of the proceedings of any\nparticular case, may order that the public generally or any particular person shall\nnot have access to or remain in the room or building used by the court.\n\nSECTION 11\nCriminal Procedure Code (2026 Revision)\n\nPage 16\nRevised as at 31st December, 2025\nc\n\n11.\nPower of Director of Public Prosecutions to enter nolle prosequi\n11. (1) In any proceedings against any person, and at any stage thereof before verdict\nor judgment, as the case may be, the Director of Public Prosecutions may enter\na nolle prosequi, either by stating in court or by informing the court in writing\nthat the Crown intends that the proceedings, whether undertaken by the Director\nof Public Prosecutions or by any other person or authority, shall not continue,\nand thereupon the accused person shall be at once discharged in respect of the\ncharge for which the nolle prosequi is entered, and if the accused person has\nbeen committed to prison shall be discharged; but such discharge of an accused\nperson shall not operate as a bar to any subsequent proceedings against that\nperson on account of the same facts.\n(2) If the accused person is not before the court when such nolle prosequi is entered,\nthe Clerk shall forthwith cause notice in writing of the entry of such nolle\nprosequi to be given to the officer in charge of the prison in which such accused\nperson is detained and also, if the accused person has been committed for trial,\nto the Summary Court and the clerk thereof shall forthwith cause a similar notice\nin writing to be given to any person bound over to prosecute or give evidence\nand to their sureties, if any, and also to the accused and the accused\u2019s sureties in\ncase the accused shall have been admitted to bail.\n12.\nAuthority of Director of Public Prosecutions in respect of conduct of\nprosecutions\n12. (1) The Director of Public Prosecutions and any legal practitioner instructed for the\npurpose by the Director of Public Prosecutions may appear to prosecute on\nbehalf of the Crown, the Commissioner of Police or any other public officer,\npublic authority or department of Government in any criminal proceedings\nbefore any court.\n(2) Subject to such directions as may be given by the Director of Public\nProsecutions from time to time, any police officer may conduct criminal\nproceedings in the Summary Court on behalf of the Crown or the Commissioner\nof Police, and any such police officer may appear and conduct the prosecution\nnotwithstanding that that police officer is not the officer who made the\ncomplaint or charge in respect of which such proceedings arose.\n(3) The Director of Public Prosecutions may, by writing, authorise any public\nofficer to conduct prosecutions in the Summary Court in respect of particular\nmatters or categories of offences or in relation to the activities or functions of a\nparticular department of the Government.\n(4) Any nolle prosequi or authority purporting to be signed by the Director of Public\nProsecutions and issued under section 11 or this section shall be admitted and\ndeemed to be prima facie valid for the purpose for which it was issued without\nproof of the signature.\n\nCriminal Procedure Code (2026 Revision)\nSection 13\n\nc\nRevised as at 31st December, 2025\nPage 17\n\n(5) Notwithstanding any power conferred upon any person under this section to\ninstitute or conduct any criminal proceedings, any such person shall at all times\nin respect thereof be subject to the express directions of the Director of Public\nProsecutions who may in any case themselves institute or conduct any criminal\nproceedings or may take over and continue or direct any legal practitioner or, in\ncase of proceedings in a Summary Court, any public officer, to take over and\ncontinue in accordance with the Director of Public Prosecutions\u2019 instructions\nany criminal proceedings instituted or undertaken by any person, including a\nprivate prosecutor.\n13.\nConduct of private prosecutions\n13. Any person conducting a private prosecution may do so in person or may be\nrepresented by a legal practitioner instructed by the person in that behalf.\n14.\nComplaint and charge\n14. (1) Criminal proceedings may be instituted either by the making of a complaint or\nby the bringing before a magistrate of a person who has been arrested without a\nwarrant.\n(2) Any person, who believes from a reasonable and probable cause that an offence\nhas been committed by any person, may make a complaint thereof to a Justice\nof the Peace.\n(3) A complaint may be made orally or in writing but if made orally shall be reduced\nto writing by the Justice of the Peace, and in either case shall be signed by the\ncomplainant and the Justice of the Peace:\nProvided that where proceedings are instituted by a police or other public\nofficer, acting in the course of that person\u2019s duty as such, a formal charge, drawn\nup in conformity with this Code, duly signed by such officer may be presented\nto the Justice of the Peace and shall for the purposes of this Code be deemed to\nbe a complaint and shall be signed by the Justice of the Peace.\n(4) A Justice of the Peace, upon receiving any such complaint, shall, unless such\ncomplaint has been laid in the form of a formal charge under subsection (3),\ndraw up or cause to be drawn up and shall sign a formal charge containing a\nstatement of the offence with which the accused is charged.\n(5) When an accused person who has been arrested without a warrant is brought\nbefore a magistrate, a formal charge containing a statement of the offence with\nwhich the accused is charged shall be signed and presented by the police officer\npreferring the charge.\n(6) Every complaint shall be for one matter only, but the complainant may lay one\nor more complaints against the same person at the same time and the court\nhearing any one of such complaints may deal with one or more of the complaints\ntogether or separately as the interests of justice appear to require.\n\nSECTION 15\nCriminal Procedure Code (2026 Revision)\n\nPage 18\nRevised as at 31st December, 2025\nc\n\n(7) Subject to any other law, no person shall be arrested without a warrant otherwise\nthan in connection with an offence prescribed in Schedule 1 as an arrestable\noffence.\n15.\nIssue of summons or warrant\n15. (1) Upon receiving a complaint and the charge having been duly signed in\naccordance with section 14, a Justice of the Peace may, in that person\u2019s\ndiscretion, issue either a summons or a warrant to compel the attendance of the\naccused person before a Summary Court:\nProvided that a warrant shall not be issued in the first instance unless the\ncomplaint has been supported by an oath, either by the complainant or by a\nwitness.\n(2) A Justice of the Peace shall not refuse to issue a summons under this section\nunless that Justice of the Peace is of the opinion that the application for a\nsummons is frivolous, vexatious or an abuse of the process of the court and if,\nin the Justice of the Peace\u2019s discretion, the Justice of the Peace refuses to issue\na summons the person applying for the same may require the Justice of the Peace\nto give that person a written certificate of refusal and may apply to the Grand\nCourt for an order directing such Justice of the Peace to issue the summons\nsought or such other summons as the Grand Court may direct.\n(3) No warrant or summons shall be held to be invalid by reason only that the Justice\nof the Peace who issued the same has died or ceased to hold office.\n16.\nForm, validity and execution of warrant of arrest\n16. (l)\nEvery warrant of arrest may be issued at any time on any day, and shall be under\nthe hand of the Justice of the Peace by whom it is issued and directed to the\npolice officer in charge of the place in which the act complained of has been\ncommitted or in which the person to be apprehended is believed to be and to all\nother police officers of the Islands.\n(2) Every warrant shall state shortly the offence with which the person against\nwhom it is issued is charged, or other reason for the arrest, and shall name or\notherwise describe such reason and shall order the police officers to whom it is\ndirected to bring such person before a Summary Court to answer to the charge\ntherein mentioned or to be further or otherwise dealt with according to law. Any\nsuch warrant may be executed by any one or more police officers and shall not\nbe made returnable at any particular time but shall remain in force until executed\nor cancelled by the Justice of the Peace issuing the same or by order of a court\nhaving jurisdiction in the matter.\n(3) The Commissioner of Police may certify and issue copies of any warrant\nreceived by the Commissioner of Police and any such certified copy shall be\ndeemed to be of the same force and effect as the original.\n\nCriminal Procedure Code (2026 Revision)\nSection 17\n\nc\nRevised as at 31st December, 2025\nPage 19\n\n17.\nCourt may direct security to be taken\n17. (1) When a warrant is issued for the arrest of any person for any offence other than\na charge in respect of an offence of murder or treason it may, in the discretion\nof the Justice of the Peace issuing the same, be directed by endorsement on the\nwarrant that, if such person executes a bond with sufficient sureties for that\nperson\u2019s attendance before the court at a specified time and thereafter until\notherwise directed by the court, the police officer to whom the warrant is\ndirected shall take such security and shall release such person from custody.\n(2) The endorsement shall state \u2014\n(a)\nthe number of sureties;\n(b) the amount in which they and the person for whose arrest the warrant is\nissued are to be respectively bound; and\n(c)\nthe time and place at which the person is to attend before the court.\n(3) Whenever security is taken under this section the police officer to whom the\nwarrant is directed shall forward the bonds to the court.\n18.\nService of summons\n18. (1) Subject to section 19, every summons shall be served upon the person to whom\nit is directed by any of the following persons \u2014\n(a)\na police officer;\n(b) a bailiff; or\n(c)\nany other person designated in writing by the Clerk of the Courts for the\npurpose of assisting the police with the service of summonses under\nthis Act.\n(2) A bailiff and a designated person referred to in subsection (1)(b) and (c) shall\nhave the authority and power to carry out such instructions as may be given by\nthe Clerk of the Courts in accordance with this Act and may exercise on behalf\nof the Royal Cayman Islands Police Service, any powers granted to the police\nby this Act to issue summonses.\n(3) Each bailiff and designated person assigned under this section shall be provided\nwith an identification card and the identification card shall \u2014\n(a)\nbe prepared and signed by the Clerk of the Courts or the Clerk of the\nCourt\u2019s designate;\n(b) contain the name and photograph of the bailiff or the designated person,\nas the case may be;\n(c)\ncontain written authorisation for the bailiff or the designated person to\neffect service of summonses on behalf of the police;\n(d) be carried by the bailiff or the designated person when serving summonses;\nand\n\nSECTION 18A\nCriminal Procedure Code (2026 Revision)\n\nPage 20\nRevised as at 31st December, 2025\nc\n\n(e)\nbe shown to each person on whom a summons is served.\n(4) Service of a summons by a person specified in subsection (1) shall be effected\nas follows \u2014\n(a)\nby personally delivering the summons to the person on whom it is to be\nserved;\n(b) by leaving the summons with an adult at the person\u2019s last or most usual\nplace of abode if the person on whom the summons is to be served cannot\nconveniently be located; or\n(c)\nby leaving it with the person\u2019s employer.\n18A. Service of witness summonses on designated public officers by electronic\nmeans\n18A. (1) Notwithstanding service of summonses in accordance with section 18, in any\ncriminal proceedings where a designated public officer is required to attend\ncourt as a witness, a witness summons may be served on that public officer by\nelectronic means, by sending the summons to an electronic address to which a\ndocument may be delivered and to which the public officer has been given\naccess for use in the course of the public officer\u2019s employment.\n(2) For the purposes of subsection (1), a designated public officer includes any of\nthe following \u2014\n(a)\na police officer;\n(b) a customs officer;\n(c)\nan immigration officer; or\n(d) any other public officer designated by the Deputy Governor in writing as\na public officer on whom service of a witness summons may be effected\nby electronic means.\n(3) Service of a witness summons by electronic means on a public officer, as\nprovided for in subsection (1), shall be deemed to be effective service, provided\nthat the service of the witness summons is effected in accordance with\nsubsection (4).\n(4) Where a witness summons is served on a public officer referred to in\nsubsection (2), by electronic means, as provided for in subsection (1), in order\nfor service of the witness summons to be deemed effective, and the intended\npublic officer to have been duly served with a witness summons as at the date\nof the sending of such notification, the following shall be done \u2014\n(a)\nnotification of the witness summons shall be sent to the public officer by\nelectronic means, by any of the following persons \u2014\n(i)\nthe Clerk of the Courts or the Clerk of the Court\u2019s Nominee; or\n\nCriminal Procedure Code (2026 Revision)\nSection 19\n\nc\nRevised as at 31st December, 2025\nPage 21\n\n(ii) the Director of Public Prosecutions or the Director of Public\nProsecutions\u2019 Nominee;\n(b) the notification of the witness summons shall contain the following\ninformation in respect of the hearing of criminal proceedings \u2014\n(i)\nthe date;\n(ii) the time;\n(iii) the place;\n(iv) the defendant\u2019s name; and\n(v) the Criminal case number; and\n(c)\nwhenever a person referred to in subsection (4)(a)(i) - (ii) serves a witness\nsummons and notification of the witness summons to a designated public\nofficer referred to in subsection (2), by electronic means, every reasonable\neffort shall be made to ensure that \u2014\n(i)\nthe e-mail address used to transmit the witness summons and the\nnotification thereof, to the intended public officer, is the correct email address for that public officer;\n(ii) the e-mail address of the public officer is an e-mail address provided\nto the public officer for use in the course of the public officer\u2019s\nemployment;\n(iii) a method of tracking delivery of the summons and notification\nthereof by electronic means is used, with proof of the electronic\ntracking system being provided in some tangible form;\n(iv) where an electronic tracking method provides proof of successful\ndelivery of the witness summons and notification thereof by\nelectronic means, physical evidence of that proof of successful\nelectronic delivery of the summons, including the date on which\nservice by electronic means was successfully effected, shall be\nretained and provided to the courts upon request; and\n(v) where a document is served under section 18A, the person serving it\nwould not be required to also provide the recipient with a hard copy.\n19.\nService on company\n19. Service of a summons on a body corporate may be effected by serving it on the\nsecretary, local manager or other principal officer of the corporation, or by registered\nletter addressed to the body corporate at its registered address in the Islands. In the\nlatter case service shall be deemed to have been effected when the letter would arrive\nin the ordinary course of post.\n\nSECTION 20\nCriminal Procedure Code (2026 Revision)\n\nPage 22\nRevised as at 31st December, 2025\nc\n\n20.\nProof of service of summons\n20. If the person who serves a summons does not attend before the court at the time and\nplace mentioned in the summons to depose, if necessary, to the service thereof, proof\nof service of a summons shall be given in accordance with the Evidence Act (2021\nRevision).\n21.\nIf summons disobeyed, warrant may issue\n21. If a person served with a summons does not appear at the time and place mentioned\nin the summons and it is proved to the satisfaction of the court in accordance with\nsection 20 that the summons was duly served seven days or more prior to the date\nappointed for the appearance of the person before the court, the court after taking such\nevidence on oath to substantiate the matter of the complaint as it may in any particular\ncase consider necessary, may issue a warrant to apprehend the person so summoned\nas aforesaid and to bring the person before the court to be dealt with according to law.\n22.\nPower to take bond for appearance\n22. Where any person for whose appearance or arrest a court is empowered to issue a\nsummons or warrant is present in such court, the court may require such person to\nexecute a bond, with or without sureties, or make a deposit of money in lieu thereof,\nfor that person\u2019s appearance in such court on such date as may be appointed:\nProvided that the court may, on the application of a surety at any time, release the\nperson wholly or partially and with or without conditions from the surety\u2019s\nobligations under the bond if the court is satisfied that it would be just to do so.\n23.\nProcedure in case of non-appearance of bonded person or depositor\n23. When any person who is bound by any bond taken under section 22, or under this\nCode, to appear before a court, or who has made a deposit of money in lieu of\nexecuting such bond, does not so appear, the court may issue a warrant directing that\nsuch person be arrested and brought before the court.\n24.\nForfeiture of bond\n24. (1) Where a bond has been executed under section 22, or for the doing by a person\nof any other thing connected with a proceeding before a court, and it appears to\nthe court that the bond should be forfeited, the court may, without prejudice to\nits power to issue a warrant under section 23, declare the bond to be forfeited\nand adjudge the persons bound thereby, whether as principal or sureties, or any\nof them, to the sum in which they are respectively bound.\n(2) The court which declares the bond to be forfeited may, at any time, instead of\nadjudging any person to pay the whole sum in respect of which that person is\nbound, remit the whole or any part thereof either absolutely or on such\nconditions as it thinks just.\n\nCriminal Procedure Code (2026 Revision)\nSection 25\n\nc\nRevised as at 31st December, 2025\nPage 23\n\n(3) Payment of any sum adjudged to be paid under this section may be enforced by\nany court as if it were a fine.\n25.\nCourt may order prisoner to be brought before it\n25. (1) Where any person for whose appearance or arrest a court is empowered to issue\na summons or warrant is confined in prison, the court may issue an order to the\nofficer in charge of such prison requiring the officer to bring such prisoner in\nproper custody, at a time to be named in the order, before such court.\n(2) The officer to whom an order issued under subsection (1) is directed, on receipt\nof such order, shall act in accordance therewith, and shall provide for the safe\ncustody of the prisoner during the prisoner\u2019s absence from the prison for the\npurpose aforesaid and shall thereafter return the prisoner to the prison unless\notherwise ordered by a court, and such prisoner shall for all purposes be deemed\nto be in lawful custody during such absence.\n26.\nSearch warrants\n26. Where a court or a Justice of the Peace is satisfied by information on oath that in fact\nor according to reasonable suspicion anything upon, by or in respect of which an\noffence has been committed or anything which is necessary to the conduct of an\ninvestigation into any offence is in any building, ship, vehicle, box, receptacle or\nplace, such court or Justice of the Peace may, by warrant (called a search warrant),\nauthorise a police officer or other person therein named to search the building, ship,\nvehicle, box, receptacle or place (which shall be named or described in the warrant)\nfor any such thing and, if anything searched for is found, to seize it and carry it before\nthe court issuing the warrant or some other court to be dealt with according to law.\n27.\nExecution of search warrants\n27. (1) Every search warrant may be issued at any time and may be executed on any\nday between the hours of sunrise and sunset, but the court or Justice of the Peace\nmay, by the warrant, in its or that person\u2019s discretion, authorise the police officer\nor other person to whom it is addressed to execute it at any time.\n(2) Whenever any building or other place liable to search is closed, any person\nresiding in or being in charge of such building or place shall, on demand of the\nperson executing the search warrant and on production of the warrant, allow the\nperson executing the search warrant free ingress thereto and egress therefrom\nand afford all reasonable facilities for a search therein.\n(3) If ingress into or egress from such building or other place cannot be so obtained,\nthe person executing the search warrant may break open such place or building.\n(4) Where any person in or about such building or place is reasonably suspected of\nconcealing about their person any article for which search should be made, such\nperson may be searched by a person of the same sex.\n\nSECTION 28\nCriminal Procedure Code (2026 Revision)\n\nPage 24\nRevised as at 31st December, 2025\nc\n\n(5) When any such thing is seized and brought before a court, it may be detained\nuntil the conclusion of the case or the investigation, reasonable care being taken\nfor its preservation.\n(6) If any appeal is made, or the person is committed for trial, the court may order\nit to be further detained for the purposes of the appeal or trial.\n(7) If no appeal is made or if no person is committed for trial, the court shall direct\nsuch thing to be restored to the person from whom it was taken, unless the court\nsees fit, and is authorised or required by law to dispose of it otherwise.\n28.\nSearch warrants-further provisions\n28. (1) Every search warrant shall be in the form set out in Schedule 2 and under the\nhand of the person issuing the same and, when issued by a court, shall bear the\nseal of such court.\n(2) Every search warrant shall remain in force until it is executed or until it is\ncancelled by the person or court issuing the same.\n(3) A search warrant may be directed to one or more persons and may be executed\nby all or any one or more of them;\n(4) A search warrant directed to any police officer may also be executed by any\nother police officer whose name is endorsed upon the warrant by the officer to\nwhom it is directed or endorsed.\n(5) A search warrant may be executed at any place in the Islands.\n29.\nBail\n29. (1) A court before which a person appears or is brought or is committed for trial\nmay grant the person bail in accordance with the Bail Act (2015 Revision).\n(2) A court may, by order, confirm or extend the period of bail granted by the court\nitself or under section 65 of the Police Act (2021 Revision).\n(3) The Grand Court may in any case and at any stage of a case \u2014\n(a)\ndirect that a person be admitted to bail in accordance with the Bail Act\n(2015 Revision); or\n(b) vary any condition or requirement attached to the grant of bail by the\nSummary Court.\n30.\nDischarge from custody when bail is granted\n30. (1) As soon as the recognisance, with or without sureties as the case may be, has\nbeen entered into, a person admitted to bail under this Code shall be released\nand if the person is in prison the court admitting that person to bail shall issue\nan order of release to the officer in charge of the prison and such officer on\nreceipt of the order shall release that person.\n\nCriminal Procedure Code (2026 Revision)\nSection 31\n\nc\nRevised as at 31st December, 2025\nPage 25\n\n(2) Nothing in this section shall be deemed to require the release of any person\nliable to be detained for some matter other than that in respect of which the\nrecognisance was entered into.\n31.\nAnonymity of complainants in rape, etc., cases\n31. (1) After a person is accused of a rape offence, no matter likely to lead members of\nthe public to identify a person as the person against whom the offence is alleged\nto have been committed shall be published in a written publication available to\nthe public or be broadcast, except as authorised by a direction of the court.\n(2) In this section \u2014\n\u201crape offence\u201d means rape, attempted rape, conspiracy to commit rape, aiding,\nabetting, counselling or procuring rape or attempted rape, and incitement to\nrape.\n(3) For the purpose of this section, a person is accused of a rape offence if \u2014\n(a)\na charge is laid alleging that that person has committed a rape offence;\n(b) that person appears before a court charged with a rape offence;\n(c)\na court before which the person is appearing commits that person for trial\non a new charge alleging a rape offence; or\n(d) a bill of indictment charging the person with a rape offence is preferred\nbefore a court in which the person may lawfully be indicted for the offence.\n(4) Nothing in this section \u2014\n(a)\nprohibits the publication or broadcasting, in consequence of an accusation\nalleging a rape offence, of matter consisting only of a report of legal\nproceedings other than proceedings at, or intended to lead to, or on an\nappeal arising out of, a trial at which the accused is charged with that\noffence;\n(b) affects any prohibition or restriction imposed by virtue of any other law\nupon a publication or broadcast,\nand a direction under this section does not affect the operation of subsection (1)\nat any time before the direction is given.\n(5) If any matter is published or broadcast in contravention of subsection (1), the\nfollowing persons \u2014\n(a)\nin the case of a publication in a newspaper or periodical, the proprietor,\neditor and publisher of the newspaper or periodical;\n(b) in the case of any other publication, the person who publishes it;\n(c)\nin the case of a broadcast, any person having functions, in relation to the\nprogramme in which it is made, corresponding to those of an editor of a\nnewspaper,\n\nSECTION 32\nCriminal Procedure Code (2026 Revision)\n\nPage 26\nRevised as at 31st December, 2025\nc\n\ncommit an offence and are each liable on summary conviction to a fine of one\nthousand dollars.\n32.\nPersons convicted or acquitted not to be tried again for same offence\n32. A person who has been once tried by a court for an offence and acquitted or convicted\nof such offence, while such acquittal or conviction has not been reversed or set aside,\nshall not be liable to be tried again on the same facts for the same offence.\n33.\nA person may be tried again for separate offence\n33. A person acquitted or convicted of any offence may afterwards be tried for any other\noffence with which the person might have been charged on the same facts and upon\nwhich the person could not have been convicted at the previous trial.\n34.\nConsequences supervening or not known at time of former trial\n34. A person convicted of an offence involving any act causing consequences which,\ntogether with such act, constitute a different offence from that for which such person\nwas convicted may be afterwards tried for such last-mentioned offence if such\nconsequences had not happened or were not known to the court to have happened at\nthe time when the person was convicted.\n35.\nWhere original court was not competent to try subsequent charge\n35. Subject to any other law, a person acquitted or convicted of any offence constituted\nby any acts may, notwithstanding such acquittal or conviction, be subsequently\ncharged with and tried for any other offence constituted by the same acts which the\nperson may have committed, if the court by which the person was first tried was not\ncompetent to try the offence with which the person is subsequently charged.\n36.\nProof of previous conviction\n36. (1) In any inquiry or other proceeding under this Code, in which it becomes\nnecessary to prove the previous conviction of an accused person, a copy of the\nrecord of the conviction for the offence on summary trial, or a certificate\ncontaining the substance and effect only (omitting the formal part) of the\nindictment and conviction upon trial upon indictment, purporting to be signed\nby the officer having custody of the records of the court where the offender was\nconvicted shall, upon proof of the identity of the person, be sufficient prima\nfacie evidence of the said conviction without proof of the signature or official\ncharacter of the person appearing to have signed such copy or certificate.\n(2) Without prejudice to subsection (1), prima facie proof may be given of a\nprevious conviction in any place within or without the Islands by the production\nof a certificate purporting to be issued under the hand of a police officer in the\nplace where the conviction was had, containing a copy of the sentence or order\nand the fingerprints, or photographs of the fingerprints, of the person so\n\nCriminal Procedure Code (2026 Revision)\nSection 37\n\nc\nRevised as at 31st December, 2025\nPage 27\n\nconvicted, together with evidence that the fingerprints of the person so\nconvicted are those of the accused person.\n37.\nSummons for witness\n37. If it is made to appear on the statement of the complainant or of the defendant or\notherwise, that material evidence can be given by or is in the possession of any person,\na court having cognisance of any criminal cause or matter concerned may issue a\nsummons to such person requiring that person\u2019s attendance before such court or\nrequiring that person to bring and produce to such court for the purpose of evidence\nall documents and writings in that person\u2019s possession or power which may be\nspecified or otherwise sufficiently described in the summons.\n38.\nWarrant for witness who disobeys summons\n38. If, without sufficient excuse, a witness does not appear in obedience to a summons\nissued under section 37, the court, on proof of the proper service of the summons\nwithin a reasonable time beforehand, may issue a warrant to bring the witness  before\nthe court at such time and place as shall be therein specified.\n39.\nWarrant for witness in first instance\n39. If the court is satisfied by evidence on oath that a person summoned as a witness will\nnot attend unless compelled to do so, such court may at once issue a warrant for the\narrest and production of the witness before the court at a time and place to be therein\nspecified.\n40.\nMode of dealing with witness arrested under warrant\n40. When any witness is arrested under a warrant the court may, on that witness\u2019s\nfurnishing security, by recognisance or deposit of cash to the satisfaction of the court,\nfor that witness\u2019s appearance at the hearing of the case, order that witness to be\nreleased from custody, or shall, on that witness\u2019s failing to furnish such security, order\nthat witness to be detained in custody for production at such hearing.\n41.\nPower of court to order prisoner to be brought up for examination\n41. In any case in which a court requires to examine as a witness in any proceedings\nbefore such court a person confined in any prison the procedure provided by\nsection 25 shall be followed.\n42.\nPenalty for non-attendance of witness\n42. (1) Any person summoned to attend as a witness who, without lawful excuse, fails\nto attend as required by the summons, or who, having attended, departs without\nhaving obtained the permission of the court, or fails to attend after adjournment\nof the court after being ordered to attend, shall be liable by order of the court to\na fine of forty dollars.\n\nSECTION 43\nCriminal Procedure Code (2026 Revision)\n\nPage 28\nRevised as at 31st December, 2025\nc\n\n(2) Such fine, if not previously paid, may be levied by attachment and sale of any\nmovable property belonging to such witness within the limits of the Islands.\n(3) In default of recovery of any such unpaid fine by attachment and sale of goods,\nthe witness may, by order of the court, be imprisoned as a civil prisoner for\nfifteen days unless such fine is paid before the end of said term.\n(4) For good cause shown, the Grand Court may remit or reduce any fine imposed\nunder this section by a Summary Court.\n43.\nPower to summon material witness or examine person present\n43. Any court may, at any stage of any inquiry, trial or other proceeding under this Code,\nsummon or call any person as a witness, or recall and re-examine any person already\nexamined, and the court shall summon and examine or recall and re-examine any such\nperson if that person\u2019s evidence appears to it essential to the just decision of the case:\nProvided that the prosecutor or the counsel for the prosecution and the defendant or\nthe defendant\u2019s counsel shall have the right to cross-examine any such person, and\nthe court shall adjourn the case for such time, if any, as it thinks necessary to enable\nsuch cross-examination to be adequately prepared, if, in its opinion, either party may\nbe prejudiced by the calling of any such person as a witness.\n44.\nEvidence to be given on oath\n44. Every witness in any criminal cause or matter shall be examined upon oath or\naffirmation and the court before which any witness shall appear shall have full power\nand authority to administer the appropriate oath or affirmation in accordance with the\nEvidence Act (2021 Revision).\nProvided that the court may, at any time, if it thinks it just and expedient (for reasons\nto be recorded in the proceedings), take without oath the evidence of any person\ndeclaring that the taking of any oath whatever is according to that person\u2019s religious\nbelief unlawful, or who, by reason of immature age or want of religious belief ought\nnot, in the opinion of the court, to be admitted to give evidence on oath; the fact of\nthe evidence having been so taken shall be recorded in the proceedings.\n45.\nRefractory witness\n45. (1) Whenever any person, appearing in obedience to a summons or by virtue of a\nwarrant, or being orally required by the court to give evidence \u2014\n(a)\nrefuses to be sworn;\n(b) having been sworn, refuses to answer any question put to that person;\n(c)\nrefuses or neglects to produce any document or thing which the person is\nrequired to produce and which is in that person\u2019s possession or under that\nperson\u2019s control; or\n(d) refuses to sign such person\u2019s deposition,\n\nCriminal Procedure Code (2026 Revision)\nSection 46\n\nc\nRevised as at 31st December, 2025\nPage 29\n\nwithout in any such case offering any sufficient excuse for such refusal or\nneglect, the court may adjourn the case for any period not exceeding ten days,\nand may in the meantime commit such person to prison, unless such person\nsooner consents to do what is required of such person.\n(2) If such person, upon being brought before the court at or before such adjourned\nhearing, again refuses to do what is required of such person, the court may, if it\nsees fit, again adjourn the case and commit such person for a like period, and so\nagain, from time to time, until such person consents to do what is required\nof such person.\n(3) Nothing herein contained shall affect the liability of any such person to any other\npunishment or proceeding for refusing or neglecting to do what is so required\nof such person, or shall prevent the court from disposing of the case in the\nmeantime, according to any other sufficient evidence taken before it.\n46.\nProcedure where person charged is the only witness called\n46. Where the only witness of the facts of the case called by the defence is the person\ncharged, the person shall be called as a witness immediately after the close of the\nevidence for the prosecution.\n47.\nCourt to inquire into suspected incapacity of accused\n47. Without prejudice to sections 158 and 159, when in the course of any trial or\npreliminary inquiry the court has reason to suspect that the accused person is of\nunsound mind so that the accused person is incapable of making their defence, the\ncourt shall inquire into the fact of such unsoundness and for this purpose may receive\nevidence and may postpone the proceedings and remand the accused person for a\nmedical report.\n48.\nProcedure when accused found insane during proceedings\n48. (1) If, in a case referred to in section 47, the court finds that the accused person is\nof unsound mind and incapable of making the accused person\u2019s defence it shall\npostpone further proceedings in the case.\n(2) If the case is one in which bail may be taken, the court may release the accused\nperson on sufficient surety being given that the accused person will be properly\ntaken care of and prevented from doing injury to themselves or to any other\nperson, and for the accused person\u2019s appearance, if called upon, before the court\nor any officer of the court appointed in that behalf.\n(3) If \u2014\n(a)\n the case under this section is one in which bail may not be taken;\n(b)  sufficient surety cannot be given; or\n(c)  the court, for any sufficient reason, considers that bail ought not to be\ngranted,\n\nSECTION 49\nCriminal Procedure Code (2026 Revision)\n\nPage 30\nRevised as at 31st December, 2025\nc\n\nthe court may order the accused person to be detained in a hospital, prison, place\nof safety or other place appointed by any law for the reception or custody of\ninsane persons and may make such further order in the case for the detention,\ntreatment or otherwise of the accused as the circumstances may require.\n49.\nDefence of insanity at preliminary investigation\n49. When an accused person appears to be of sound mind at the time of a preliminary\ninvestigation, notwithstanding that it is alleged that, at the time when the act was\ncommitted in respect of which the accused person is charged, the accused person was\ninsane within the meaning of the law relating to capacity to commit a criminal\noffence, the court shall proceed with the case and, if the accused person ought, in the\nopinion of the court, to be committed for trial before the Grand Court, the court shall\nso commit the accused person.\n50.\nResumption of proceedings if accused ceases to be incapable\n50. Whenever any preliminary investigation or trial is postponed under section 47 or 48,\nthe court may, at any time, resume the preliminary investigation or trial, unless the\naccused person is detained in pursuance of an order by the Governor given under\nsection 48(3), and require the accused to appear or be brought before such court,\nwhen, if the court finds the accused person capable of making that accused person\u2019s\ndefence, the preliminary investigation or trial shall proceed, but if the court considers\nthe accused person still to be incapable of making that accused person\u2019s defence, it\nshall act as if the accused were brought before it for the first time.\n51.\nPrima facie evidence of capacity of accused may be given by certificate\n51. If an accused person is confined in a hospital or other place appointed by law for the\nreception or custody of persons mentally ill, under any order made in exercise of any\npower conferred by this Code, and the medical practitioner in charge of such hospital\nor place certifies that the accused person is capable of making that accused person\u2019s\ndefence, the Governor may order that such accused person shall be taken before the\ncourt having jurisdiction in the case to be dealt with according to law, and the\ncertificate of such medical practitioner shall be receivable by the court as prima facie\nevidence of the capacity of the accused person.\n52.\nProvisions relating to the taking of evidence\n52. (1) Except as may be otherwise provided by any law, all evidence taken in any\ninquiry or trial under this Code shall be taken in the presence of the accused\nunless, with the accused\u2019s consent, the accused\u2019s absence has been dispensed\nwith in accordance with this Code.\n(2) All evidence shall be recorded in English and if any evidence is given in any\nother language it shall be interpreted; and in the case of any documents tendered\nin evidence which are written in a foreign language a translation shall be\n\nCriminal Procedure Code (2026 Revision)\nSection 53\n\nc\nRevised as at 31st December, 2025\nPage 31\n\nprovided. Any interpretation or translation shall be made by a person appointed\nor approved for the purpose by the court.\n(3) If the accused does not understand English any evidence given shall be\ninterpreted to the accused in a language which the accused understands.\n53.\nRecording of evidence\n53. (1) The Judge may, subject to this Act, give directions as to the manner in which\nevidence is recorded in any proceedings before any criminal court.\n(2) Subject to subsection (3) hereof and section 80 and to any directions issued\nunder subsection (1), in inquiries and trials in criminal matters before a\nSummary Court, the evidence of the witnesses shall be recorded in the following\nmanner \u2014\n(a)\nthe evidence of each witness, or so much thereof as the Court deems\nmaterial, shall be taken down by the Court or in its presence and under its\ndirection and superintendence, and shall be signed by the Court and shall\nform part of the record; and\n(b) such evidence need not ordinarily be taken down in the form of question\nand answer but may be in the form of narrative:\nProvided that the magistrate may, in the magistrate\u2019s discretion, take down or\ncause to be taken down any particular question and answer or the evidence or\nany part thereof in any particular case in the form of questions and answers.\n(3) Subject to this Act, except subsection (2) hereof, when a court reporter is\nemployed to report verbatim any criminal trial or proceedings or any part of\nsuch trial or proceedings before any Summary Court, a transcript of the report,\nduly verified in accordance with subsection (4), shall constitute the record of the\ntrial or proceedings or part thereof as the case may be.\n(4) Verification of the transcript of any record made in accordance with\nsubsection (3) shall be by a certificate given by the person making the\ntranscript \u2014\n(a)\nthat to the best of the person\u2019s skill and ability the person has made a\ncorrect and complete transcript of the trial or proceedings; and\n(b) that the report transcribed was taken by that person and was, to the best of\nthat person\u2019s skill and ability, a complete and correct account of the trial\nor proceedings or so much thereof as is specified in the certificate.\n(5) If, for any reason, a record of any trial or proceedings made pursuant to\nsubsection (3) is not available, or if for any other reason the Grand Court so\nrequires, the Clerk shall, if the Grand Court directs the Clerk to do so, request\nthe magistrate of the Summary Court to furnish the Clerk with a certified copy\nof the whole or any part of the notes of the trial or with a report in writing, giving\n\nSECTION 54\nCriminal Procedure Code (2026 Revision)\n\nPage 32\nRevised as at 31st December, 2025\nc\n\nthe magistrate\u2019s opinion upon the case generally or upon any point arising upon\nthe case or both, and the magistrate shall furnish the same to the Clerk.\n(6) At the request of a witness that witness\u2019s evidence shall be read over to that\nwitness.\n54.\nMode of delivering judgment\n54. (1) Except in a case in which the personal attendance of the accused person has\nbeen dispensed with under any law or by leave of the court, the judgment of any\ncourt in the exercise of its original jurisdiction in any criminal trial shall be\npronounced, or the substance of such judgment explained, in open court either\nimmediately after the termination of the trial or at some subsequent time of\nwhich notice shall be given to the parties and their legal representatives, if any:\nProvided that the whole judgment shall be read out by the Court if so requested\nby the prosecution or the defence.\n(2) In any case in which judgment is required by subsection (1) to be read, or the\nsubstance thereof explained, in open court the accused person shall be required\nto be present to hear the same.\n55.\nContents of judgment\n55. (1) Every judgment in a summary trial, except as otherwise expressly provided by\nthis Code or any other law, shall be written by the magistrate and shall be dated\nand signed by such magistrate in open court at the time of pronouncing it.\n(2) In the case of a conviction the judgment shall specify the offence of which, and\nthe section of the law under which the accused person is convicted, and the\npunishment to which that person is sentenced or other lawful order of the court\nupon such conviction.\n(3) In the case of an acquittal the judgment shall state the offence of which the\naccused person is acquitted, and the section of the law under which the charge\nwas preferred, and shall direct that the person be set at liberty in respect of that\noffence.\n56.\nAccused person entitled to copy of judgment on application\n56. On the application of the accused person a copy of the judgment in any criminal trial\nshall be given to that accused person without delay and free of any charge.\n57.\nProperty found on accused person\n57. Where, upon the apprehension of a person charged with an offence, any property is\ntaken from that person, the court before which it is tried may order \u2014\n(a)\nthat the property or any part thereof be restored to the person who appears\nto the court to be entitled thereto, and, if that person is the person charged,\n\nCriminal Procedure Code (2026 Revision)\nSection 58\n\nc\nRevised as at 31st December, 2025\nPage 33\n\nthat it be restored either to that person or to such other person as the person\ncharged may direct; or\n(b) that the property or a part thereof be applied to the payment of any fine or\nany costs or compensation directed to be paid by the person charged.\n58.\nRestitution of stolen property after conviction\n58. Where a person has been convicted of an offence involving theft, obtaining property\nby deception, obtaining pecuniary advantage by deception, handling stolen goods or\nany other offence by which the person has wrongfully come into possession of any\nproperty, the court may direct the restitution to the owner thereof or that person\u2019s\nrepresentative of the property to which that offence relates or of any property which\nis the subject of any other similar offence admitted by the convicted person which is\ntaken into consideration by the court in determining sentence. Any such restitution\nmay be in addition to or in substitution for any other punishment.\n59.\nAlternative convictions\n59. (1) On an indictment for murder a person found not guilty of murder may be found\nguilty of \u2014\n(a)\nmanslaughter, or causing grievous bodily harm;\n(b) being an accessory after the fact;\n(c)\nan attempt to commit murder;\n(d) infanticide;\n(e)\nkilling an unborn child; or\n(f)\nconcealing the birth of a child (where the murder charged is that of a child),\nbut may not be found guilty of any offence not included above.\n(2) Where, on the trial of a person on indictment for any offence except treason or\nmurder, the court finds that person not guilty of the offence specifically\npreferred but the allegations in the indictment amount to or include (expressly\nor by implication) an allegation of another offence falling within the jurisdiction\nof the court, the court may find that person guilty of that other offence or of an\noffence of which that person could be found guilty, on the facts found to be\nproved, on an indictment specifically preferring that other offence.\n(3) For the purposes of subsection (2), any allegation of an offence shall be taken\nas including an allegation of attempting to commit that offence; and where a\nperson is charged with attempting to commit an offence or with any assault or\nother act preliminary to an offence, but not with the complete offence, then\n(subject to the discretion of the court to discharge the jury with a view to the\npreferment of an indictment for the complete offence) the person may be\nconvicted of the offence charged notwithstanding that the person is shown to be\nguilty of the completed offence.\n\nSECTION 60\nCriminal Procedure Code (2026 Revision)\n\nPage 34\nRevised as at 31st December, 2025\nc\n\n(4) Where a person pleads not guilty of the offence preferred but guilty of some\nother offence of which the person might be found guilty on that indictment, and\nis convicted on that plea of guilty without trial for the offence of which the\nperson pleaded not guilty, then (whether or not the two offences are separately\npreferred in distinct counts) that person\u2019s conviction of the one offence shall be\nan acquittal of the other.\n60.\nAccused persons entitled to be present at trial and related proceedings and\nmay be represented by a legal practitioner\n60. (1) Every person accused of any criminal offence shall be entitled to be present in\ncourt during the whole of any proceedings relating to such offence unless the\nperson is excluded by the court because the person so conducts themselves in\nthe court as to render the continuance of the proceedings in that person\u2019s\npresence impossible.\n(2) Notwithstanding subsection (1) and subject to section 54(2) \u2014\n(a)\nwhere an accused person so conducts themselves in the court as to render\nthe continuance of the proceedings in the accused person\u2019s presence\nimpossible, as an alternative to excluding the accused under\nsubsection (1), the court may direct for such period as the court\ndetermines, that the accused shall appear by counsel or by live television\nlink or by any other means that would allow the court and the accused to\nengage in simultaneous visual and oral communication; or\n(b) except where section 60A applies, the court may, in its discretion \u2014\n(i)\nwhere an accused is confined in prison (whether on remand or\notherwise); and\n(ii) where the prosecutor and an accused so agree at any time during any\nproceedings relating to an offence other than a part in which the\nevidence of a witness is taken,\ndirect that the accused may appear by counsel or by live television link or any\nother means that allow the court and the accused to engage in simultaneous\nvisual and oral communication.\n(3) A court shall not give a direction under subsection (2) unless the court is\nsatisfied that it is in the interests of the efficient or effective administration of\njustice for the accused person to appear in the proceedings through a live link or\nother means.\n(4) In deciding whether to give a direction under this section, the court must\nconsider all the circumstances of the case; and such circumstances shall include\nthe suitability of the facilities at the place where the accused or a witness would\ngive evidence through a live link.\n(5) For the purposes of this section, the consent of the accused person to the conduct\nof the proceedings in the person\u2019s absence may be deemed to have been given\n\nCriminal Procedure Code (2026 Revision)\nSection 60A\n\nc\nRevised as at 31st December, 2025\nPage 35\n\nin a case in which the person enters a written plea of guilty under any law or in\nany case in which the court is satisfied that, having been duly summoned to\nappear before the court a reasonable time before the date appointed, the accused\nperson wilfully refuses to attend at any time appointed by the court.\n(6) Every person accused of any criminal offence, whether present in person or\nabsent in accordance with this section, may be defended before any court by a\nlegal practitioner.\n(7) A statement made on oath and given in evidence through a link by virtue of this\nsection shall be treated for the purpose of section 101 of the Penal Code (2026\nRevision) as having been made in the proceedings in which it is given in\nevidence.\n(8) The Rules Committee of the Grand Court may make such rules as appears to it\nto be necessary for the purposes of this section.\n60A. Appearing by live television link, etc., for purposes of mention and remand\n60A. (1) Where an accused in custody or detention, whether in relation to the charge\nbefore the court or not, is required to appear before a court for purposes of\nmention and remand, the court shall, if there is a television link or other similar\nmeans referred to in section 60(2)(b) between the place of custody or detention\nand the court, conduct the proceedings by live television link unless \u2014\n(a)\nthe court, on its own motion, determines that attendance in person is\notherwise necessary in the interests of justice; or\n(b) the court, upon the request of the accused, determines that attendance is\notherwise necessary in the interests of justice.\n(2) When an accused appears before a court by means of a live television link or\nother means referred to in section 60(2)(b), the court may, in relation to the\ncharge, exercise any power in this Act and shall comply with the Bail Act (2015\nRevision).\n(3) The Rules Committee of the Grand Court may make such rules as appear to it\nto be necessary for the purposes of this section.\n\nSECTION 61\nCriminal Procedure Code (2026 Revision)\n\nPage 36\nRevised as at 31st December, 2025\nc\n\nPART 4 - Procedure in Trials before the Summary Court\n61.\nNon-appearance of complainant at trial\n61. If, in any case which the Summary Court has jurisdiction to hear and determine, the\naccused person appears at the time and place appointed in the summons for the\nhearing of the case, or is brought before the court under arrest, then, if the\ncomplainant, having had notice of the time and place appointed for the hearing of the\ncharge, does not appear, either in person or by counsel or other person authorised to\nrepresent the complainant, the court shall dismiss the charge, unless for some reason\nthe court shall think proper to adjourn the hearing of the case to some other date, upon\nsuch terms as it shall think fit, in which event it may, pending such adjourned hearing,\neither admit the accused to bail or remand the accused in custody, or take such\nsecurity for the accused\u2019s appearance as the court shall think fit.\n62.\nNon-appearance of defendant at trial\n62. If, at the same time and place of hearing appointed in a summons an accused person\ndoes not appear, and it be proved that the summons was duly served a reasonable time\nbefore the time appointed for the accused person\u2019s appearance, and if the court is\nsatisfied on any sufficient evidence that the accused has wilfully refused to attend or\notherwise may be deemed to have consented to the trial taking place in the accused\nperson\u2019s absence, the court may either proceed to adjudicate on the case as if the\naccused had appeared or, if the court is not satisfied that the accused has so consented\nor considers that it is inexpedient for any other reason that the trial should proceed in\nthe absence of the accused, the court may issue a warrant for the arrest of the accused\nin accordance with section 21 and may adjourn the trial to some other date.\n63.\nWhen neither party appears\n63. If, at the time and place appointed for a trial under this Part neither party appears, the\ncourt may dismiss or adjourn the case as shall seem fit.\n64.\nCourt to have same powers at adjourned hearing as at first hearing\n64. At the time and place appointed for any adjourned hearing, the Summary Court shall\nhave the same powers to proceed with, dismiss or adjourn the case as if the complaint\nwas before the court for the first time.\n65.\nPower to postpone or adjourn trial\n65. If, from the absence of witnesses or any other reasonable cause to be recorded in the\nproceedings, the court considers it necessary or advisable to postpone the\ncommencement of or to adjourn any trial, the court may, from time to time, in addition\nto any other powers it may have postpone or adjourn the same on such terms as it\nthinks fit for such time as it considers reasonable, and may remand the accused to the\nprison or other place of security, or may admit the accused to bail. During any remand\nthe court may, at any time, order the accused to be brought before it.\n\nCriminal Procedure Code (2026 Revision)\nSection 66\n\nc\nRevised as at 31st December, 2025\nPage 37\n\n66.\nAppearance of both parties\n66. (1) If both parties appear, the court shall proceed to hear the case and the substance\nof the charge or complaint shall be read to the accused person by the court and\nthe accused person shall be asked whether such person admits or denies it.\n(2) In a case in which the accused is a corporation, it shall be sufficient if the\ncorporation appears by a representative appointed in writing purporting to be\nsigned by a person (by whatever name called) having or being one of the persons\nhaving the management of the affairs of the corporation.\n67.\nIf accused pleads guilty\n67. If the accused person admits the charge, the accused person\u2019s admission shall be\nrecorded and the court shall convict the accused person and pass sentence upon or\nmake an order against the accused person unless, after hearing anything which may\nbe said by or on behalf of the accused person, whether in mitigation or otherwise,\nthere shall appear to the court to be sufficient cause to the contrary.\n68.\nPleas in other cases\n68. If the accused person pleads not guilty, the court shall proceed to try the case as\nhereinafter provided. If the accused person refuses to plead, the court shall direct that\na plea of not guilty be entered for the accused person, or in an appropriate case may\nact in accordance with section 47.\n69.\nProcedure after plea of not guilty\n69. If the accused person does not admit the truth of the charge, the court shall proceed\nto hear the witnesses for the prosecution. The accused person or the accused person\u2019s\ncounsel may cross-examine each witness called by the prosecution and if the accused\nperson is not represented by counsel the court shall, at the close of the examination\nof each witness for the prosecution, ask the accused person whether that accused\nperson wishes to put any question to that witness and shall record the accused person\u2019s\nanswer.\n70.\nAcquittal of accused person if no case to answer\n70. If at the close of the case for the prosecution the court considers that a prima facie\ncase on the evidence presented has not been established, the court shall acquit the\naccused or in any other case, the court shall proceed to hear the case for the accused.\n\nSECTION 71\nCriminal Procedure Code (2026 Revision)\n\nPage 38\nRevised as at 31st December, 2025\nc\n\n71.\nThe defence\n71. (1) At the close of the evidence in support of the charge, if it appears to the court\nthat a prima facie case is made out against the accused person the court shall\nagain where the case is not defended by counsel explain the substance of the\ncharge to the accused and shall inform the accused person that that accused\nperson has a right to give evidence on oath from the witness box and that, if the\naccused person does so, that accused person will be liable to cross-examination;\nand the court shall ask that accused person whether that accused person has any\nwitnesses to examine or other evidence to adduce in that accused person\u2019s\ndefence, and shall then hear the accused and the accused person\u2019s witnesses, if\nany.\n(2) If the accused person states that the accused person has witnesses to call but that\nthey are not present in court, and the court is satisfied that the absence of such\nwitnesses is not due to any fault or neglect of the accused person and that there\nis a likelihood that they could, if present, give material evidence on behalf of\nthe accused person, the court shall adjourn the trial and issue process or take\nother steps, as necessary, to compel the attendance of such witnesses.\n72.\nEvidence in reply\n72. If the accused person adduces evidence in the accused person\u2019s defence introducing\nnew matter which the prosecutor could not reasonably have foreseen, the court may\nallow the prosecutor to adduce evidence in reply to rebut the said new matter.\n73.\nOpening and closing of cases for prosecution and defence\n73. (1) Subject to subsection (2), the prosecutor shall be entitled to address the court at\nthe commencement of the prosecutor\u2019s case, and the accused person or the\naccused person\u2019s counsel shall be entitled to address the court at the\ncommencement and in conclusion of the accused person\u2019s case.\n(2) If the accused person, or any one of several accused persons adduces any\nevidence, the prosecutor shall be entitled to address the court again, prior to the\nclosing address, if any, of the accused person or persons or their counsel.\n74.\nAmendment of charge and variance between charge and evidence\n74. (1) Where, at any stage of a trial it appears to the court that the charge is defective,\neither in substance or in form, the court may make such order for the alteration\nor addition of a charge, as the court thinks necessary to meet the circumstances\nof the case:\nProvided that where a charge is altered, added or substituted as aforesaid, the\ncourt shall thereupon call upon the accused person to plead to the altered or new\ncharge:\n\nCriminal Procedure Code (2026 Revision)\nSection 75\n\nc\nRevised as at 31st December, 2025\nPage 39\n\nProvided further that in such case the accused person shall be entitled, if the\naccused person so wishes, to have the witnesses (or any of them) recalled to give\nevidence afresh or to be further cross-examined by the defence, and, in such last\nmentioned event, the prosecution shall have the right to re-examine any such\nwitness on matters arising out of such further cross-examination.\n(2) Variance between a charge and the evidence adduced in support of it with\nrespect to the day upon which the alleged offence was committed is not\nordinarily material and the charge need not be amended for such variance if it is\nproved that the proceedings were in fact instituted within the time, if any, limited\nby law for the institution thereof and the actual date is not material on any other\nground.\n(3) Where an alteration, addition or substitution of a charge is made under\nsubsection (1) or there is a variance between the evidence and the charge as\ndescribed in subsection (2), the court shall, if it is of the opinion that the accused\nhas been thereby misled or deceived or may be prejudiced in the conduct of the\naccused person\u2019s defence, adjourn the trial for such period as may be reasonably\nnecessary in the interest of justice.\n75.\nThe decision of the court\n75. (1) The court, having heard both the prosecutor and the accused person and their\nwitnesses, shall either \u2014\n(a)\nconvict the accused, if satisfied of the accused\u2019s guilt beyond a reasonable\ndoubt and pass sentence upon the accused or make an order against the\naccused according to law and may, in its discretion, record or not record a\nconviction; or\n(b) acquit the accused person.\n(2) Notwithstanding subsection (1), the Court may, if it is of the opinion that it is\nnot expedient to inflict any punishment notwithstanding that it finds the charge\nagainst the accused is proved, make an order discharging the accused absolutely\nor conditionally but no such order of discharge shall be made in respect of any\nprosecution instituted under sections 82 to 85 of the Traffic Act (2026 Revision).\n76.\nDrawing up conviction\n76. If the court convicts the accused person, a minute or memorandum thereof shall be\nthen made and the conviction shall afterwards be drawn up by the magistrate under\nthe magistrate\u2019s hand.\n77.\nAcquittal of accused person to bar further proceedings\n77. If the court acquits the accused person, the magistrate shall, when requested to do so,\nmake an order for the dismissal of the charge and give the accused person a certificate\nthereof which, subject to sections 33, 34 and 35, shall without further proof be a bar\nto any subsequent charge for the same matter against the same person.\n\nSECTION 78\nCriminal Procedure Code (2026 Revision)\n\nPage 40\nRevised as at 31st December, 2025\nc\n\n78.\nLimitation of time for proceedings for summary offences\n78. Except where a longer time is specially allowed by law, no offence which is triable\nsummarily shall be triable by a Summary Court unless the charge or complaint\nrelating to it is laid within six months from the date on which evidence sufficient to\njustify proceedings came to the actual or constructive knowledge of a competent\ncomplainant:\nProvided that if the circumstances giving rise to the complaint or charge occurred\nupon a vessel upon the high seas, then the court shall have jurisdiction in respect\nthereof if the complaint or charge was laid within six months after the arrival of the\nvessel at that vessel\u2019s port of discharge in the Islands.\n79.\nPower of court in cases triable both summarily and on indictment\n79. If, during the course of a trial before a Summary Court, in any case which may be\ntried summarily or on indictment it appears to the magistrate that the case is one which\nought to be tried on indictment, the court may, upon application made by the\nprosecution or the accused person, stay all further proceedings in respect of the trial\nand in lieu therefor may hold a preliminary inquiry in accordance with this Code.\n80.\nSpecial procedure in minor cases where the charge is admitted\n80. (1) Notwithstanding anything contained in this Code, but subject to any directions\ngiven by the Judge under section 53(1), a magistrate may, in any case in which\nthe accused person admits the offence, record the proceedings in accordance\nwith this section.\n(2) Where subsection (1) applies it shall be sufficient compliance with the\nrequirements of this Code relating to the manner of recording of evidence if the\nmagistrate, when the accused makes a statement admitting the truth of the\ncharge, instead or recording the accused person\u2019s statement in full, enters in the\nrecord a plea of guilty, and it shall be sufficient compliance with section 55\nrelating to the contents of the judgment, if the judgment of the court consists\nonly of the finding, the specific offence to which it relates and the sentence or\nother order:\nProvided that a magistrate may be required by the Grand Court to state in writing\nthe reasons for the magistrate\u2019s decision in any particular case.\n81.\nWhere court awards imprisonment without option of fine, prisoner shall be\ncommitted to prison\n81. Where a Summary Court convicts a person and orders that person to be imprisoned\nwithout the option of a fine, the court shall, by warrant, commit that person to prison,\nthere to be imprisoned for the period mentioned in the warrant.\n\nCriminal Procedure Code (2026 Revision)\nSection 82\n\nc\nRevised as at 31st December, 2025\nPage 41\n\n82.\nPowers of magistrate when imposing a fine\n82. (1) A Summary Court, upon recording a conviction by which any sum is adjudged\nto be paid, may \u2014\n(a)\norder imprisonment in the first instance unless such sum be paid forthwith;\n(b) allow time for the payment of the said sum;\n(c)\ndirect payment to be made of the said sum by instalments;\n(d) direct that the person liable to pay the said sum shall be at liberty to give,\nto the satisfaction of the court or such person as may be specified by the\nperson so liable, security, with or without a surety or sureties, for the\npayment of the said sum or of any instalment thereof, and such security\nmay be enforced in the same manner as the payment of a fine;\n(e)\nissue a warrant of distress for the levying of the said sum; and\n(f)\norder imprisonment in default of sufficient distress or of the payment of\nany instalment:\nProvided that, subject to any other law, a sentence of imprisonment imposed by\na Summary Court for non-payment of a fine shall not exceed five years.\n(2) Where a Summary Court has allowed time for the payment of any sum under\nparagraph (b) of subsection (1), it may, on application by or on behalf of the\nperson liable to make the payment, allow further time for payment, or may direct\npayment of such sum by instalments.\n83.\nWithdrawal of complaint\n83. (1) With the leave of the court and notwithstanding any other provisions in this Part,\nthe prosecutor may, at any time before a final order is passed, in any case triable\nsummarily and in which the accused person has pleaded not guilty, withdraw\nthe complaint.\n(2) On any withdrawal as aforesaid \u2014\n(a)\nwhere the withdrawal is allowed after the accused person is called upon to\nmake the accused person\u2019s defence, the court shall acquit the accused; or\n(b) where the withdrawal is allowed before the accused person is called upon\nfor the accused person\u2019s defence, the court shall, subject to section 70, in\nits discretion make \u2014\n(i)\nan order acquitting the accused; or\n(ii) an order discharging the accused.\n(3) An order discharging the accused under paragraph (b)(ii) of subsection (2) shall\nnot operate as a bar to subsequent proceedings against the accused person on\naccount of the same facts.\n\nSECTION 84\nCriminal Procedure Code (2026 Revision)\n\nPage 42\nRevised as at 31st December, 2025\nc\n\nPART 5 - Procedure for Committal of Accused for Trial before\nthe Grand Court\n84.\nPower of court to commit for trial or transmit for hearing\n84. Subject to this Code, the Evidence Act (2021 Revision) and the Summary Jurisdiction\nAct (2025 Revision), a Summary Court may \u2014\n(a)\ncommit any person for trial; or\n(b) transmit any matter for hearing,\nbefore the Grand Court.\n85.\nCourt to hold preliminary inquiry\n85. Subject to section 85A, where a charge has been brought in a Summary Court against\na person in respect of an offence which may be tried either summarily or on\nindictment and the prosecution or the accused person elects to have that charge tried\non indictment, the court shall hold a preliminary inquiry in accordance with\nsection 88.\n85A. No preliminary inquiry for Category A offences\n85A. (1) Where a charge has been brought in a Summary Court against a person in respect\nof a Category A offence, the court shall transmit the matter forthwith to the Grand\nCourt for hearing and if that person is also charged with an offence which may be\ntried \u2014\n(a)\neither summarily or on indictment; or\n(b) summarily only being an offence punishable by imprisonment,\nand the commission of that other offence appears to the court to be related to the\ncommission of the Category A offence the court shall also transmit that matter\nforthwith to the Grand Court for hearing.\n(2) Where the court transmits a matter for hearing under subsection (1) and \u2014\n(a)\nanother person appears or is brought before the court on the same or a\nsubsequent occasion charged jointly or may be tried jointly with the person\nreferred to in subsection (1) for an offence which may be tried \u2014\n(i)\neither summarily or on indictment; or\n(ii) summarily only being an offence punishable by imprisonment; and\n(b) that offence appears to the court to be related to the Category A offence,\nthe court shall where it is the same occasion, and may where it is a subsequent\noccasion, transmit the matter forthwith to the Grand Court for hearing.\n(3) Where the court transmits a matter for hearing under subsection (1) or (2), it\nshall at the same time transmit any other matter to the Grand Court for hearing\nwhere that other matter \u2014\n\nCriminal Procedure Code (2026 Revision)\nSection 85A\n\nc\nRevised as at 31st December, 2025\nPage 43\n\n(a)\narises from an offence which may be tried either summarily or on\nindictment; or\n(b) is a summary offence punishable with imprisonment,\nand is related to the Category A offence.\n(4) Where \u2014\n(a)\nthe court transmits a matter for hearing under subsection (1) or (2); and\n(b) a young person is brought before the court on the same or a subsequent\noccasion charged jointly or may be tried jointly for a Category A offence\nwith a person referred to in subsection (1) or (2), and that matter has been\ntransmitted for hearing,\nthe court shall, if it considers it necessary in the interests of justice to do so,\ntransmit the matter involving the young person forthwith to the Grand Court for\nhearing.\n(5) Where a court transmits a matter involving a young person for hearing under\nsubsection (4), it may at the same time transmit to the Grand Court for hearing\nany other matter involving the young person where the offence may be tried\neither summarily or on indictment, or is a summary offence punishable by\nimprisonment, and the commission of that offence appears to the court to be\nrelated to the commission of the Category A offence.\n(6) Where, under this section, the court transmits a matter to the Grand Court, the\ncourt shall \u2014\n(a)\nspecify in a notice the offence or offences for which the matter is\ntransmitted for hearing;\n(b) serve a copy of the notice on the person charged; and\n(c)\nprovide a copy to the Grand Court.\n(7) In a case where there is more than one Category A offence and the court\nincludes \u2014\n(a)\nan offence which may be tried either summarily or on indictment; or\n(b) a summary offence punishable by imprisonment,\nin the notice under subsection (6), the court shall specify in that notice the\nCategory A offence to which the offence which may be tried either summarily\nor on indictment, or summary offence punishable by imprisonment as the case\nmay be, appears to the court to be related.\n(8) Where a matter has been transmitted to the Grand Court for hearing, it shall be\nfirst mentioned in the current session of the Grand Court for directions of the\nCourt to be given.\n\nSECTION 86\nCriminal Procedure Code (2026 Revision)\n\nPage 44\nRevised as at 31st December, 2025\nc\n\n(9) Where a matter has been transmitted to the Grand Court under subsection (1)\nthe provisions of Schedule 5 (which makes provision in relation to the dismissal\nof a matter transmitted to the Grand Court for trial) shall have effect.\n86.\nMagistrate to read charge to accused and explain purpose of the\nproceedings\n86. A magistrate conducting a preliminary inquiry shall, at the commencement of such\ninquiry, read over and explain to the accused person the charge in respect of which\nthe inquiry is being held and shall explain to the accused person the purpose of the\nproceedings, namely, to determine whether there is sufficient evidence to put the\naccused person on trial before the Grand Court.\n87.\nRepealed\n87. Repealed by section 6 of the Criminal Procedure Code (Amendment) Act, 2011 [Law\n7 of 2011].\n88.\nCommittal for trial on written statements\n88. (1) Subject to subsection (2), a magistrate conducting a preliminary inquiry shall,\nwhere all the evidence before that magistrate, whether for the prosecution or the\ndefence, consists of written statements (with or without exhibits) tendered to the\ncourt pursuant to section 33 of the Evidence Act (2021 Revision), commit the\naccused person to the Grand Court, in the current session, for the accused person\nto stand that person\u2019s trial for the offence without consideration of the contents\nof those statements.\n(2) Where \u2014\n(a)\nthe accused person or one of the accused persons does not have a counsel;\nor\n(b) the counsel for the accused person or one of the accused persons, as the\ncase may be, request the court to consider a submission that the written\nstatements disclose insufficient evidence to commit the accused person for\ntrial before the Grand Court,\nthe magistrate shall consider the contents of the written statements.\n(3) A magistrate shall not, where the magistrate is considering the written\nstatements pursuant to subsection (2) \u2014\n(a)\ntake any oral evidence or statements from the accused; or\n(b) call any witnesses.\n(4) Subject to the Evidence Act (2021 Revision), where the magistrate considers the\nwritten statements and is satisfied that there is sufficient evidence to put the\naccused person on trial, the magistrate shall commit the accused person to the\nGrand Court, in the current session, for the accused person to stand that person\u2019s\ntrial.\n\nCriminal Procedure Code (2026 Revision)\nSection 88A\n\nc\nRevised as at 31st December, 2025\nPage 45\n\n(5) Where the magistrate commits an accused person to the Grand Court pursuant\nto subsection (1) or (4), the magistrate shall until the trial, either admit the\naccused person to bail or send the accused person to prison for safekeeping.\n(6) The warrant of the court shall be sufficient authority for the detention of the\naccused person by the officer in charge of a prison.\n(7) In the case of a corporation the court may, if it considers the evidence sufficient\nto put the accused corporation on trial, make an order authorising the Director\nof Public Prosecutions to file an indictment against such corporation, and for the\npurposes of this Code any such order shall be deemed to be a committal for trial.\n88A. Power to join in indictment count for summary offence if punishable with\nimprisonment, etc.\n88A. (1) Where a Summary Court commits a person to the Grand Court for trial on\nindictment for an offence which may be tried either summarily or on indictment\nor a number of such offences, it may also commit the person for trial for any\nsummary offence with which the person is charged and which \u2014\n(a)\nis punishable with imprisonment or involves obligatory or discretionary\ndisqualification from driving; and\n(b) arises out of circumstances which appear to the court to be the same as or\nconnected with those giving rise to the offence, or one of the offences\nwhich may be tried either summarily or on indictment,\nwhether or not evidence relating to that summary offence appears on the written\nstatements in the case; and the trial of the summary offence shall then be treated\nas if the Summary Court had adjourned it under section 21 of the Summary\nJurisdiction Act (2025 Revision) and had not fixed the time and place for its\nresumption.\n(2) Where a Summary Court commits a person to the Grand Court for trial on\nindictment for a number of offences which may be tried either summarily or on\nindictment and exercises the power conferred by subsection (1) in respect of a\nsummary offence, the Summary Court shall provide the Grand Court and the\nperson who is committed for trial a notice stating which of the offences which\nmay be tried either summarily or on indictment appear to the court to arise out\nof circumstances which are the same as or connected with those giving rise to\nthe summary offence.\n(3) A Summary Court\u2019s decision to exercise the power conferred by subsection (1)\nshall not be subject to appeal.\n89.\nVariance between evidence and charge\n89. No objection to a charge, summons or warrant for defect in substance or in form, or\nfor variance between it and the evidence for the prosecution, shall be allowed at a\npreliminary inquiry.\n\nSECTION 90\nCriminal Procedure Code (2026 Revision)\n\nPage 46\nRevised as at 31st December, 2025\nc\n\n90.\nRemand\n90. (1) If, the court considers it necessary or advisable to postpone the commencement\nof or to adjourn the inquiry, the court may, from time to time by warrant, remand\nthe accused for a reasonable time, not exceeding eight clear days at any one\ntime, to some prison or other place of security; or, if the remand is not for more\nthan three days, the court may, by word of mouth, order the officer or person in\nwhose custody the accused person is, or any other fit officer or person, to\ncontinue to keep the accused in that person\u2019s custody, and to bring the accused\nup at the time appointed for the commencement or continuance of the inquiry.\n(2) During a remand the court may, at any time, order the accused to be brought\nbefore it and, subject to section 29 may, on a remand at any time, admit the\naccused to bail:\nProvided that the court shall grant no remand or sequence of remands exceeding\nin all fifteen clear days, otherwise than at the request of or with the consent of\nthe prosecutor.\n91.\nRepealed\n91. Repealed by section 11 of the Criminal Procedure Code (Amendment) Act, 2011\n[Law 7 of 2011].\n92.\nRepealed\n92. Repealed by section 11 of Criminal Procedure Code (Amendment) Act, 2011 [Law\n7 of 2011].\n93.\nDischarge of accused person\n93. (1) Where the magistrate considers the written statements and is not satisfied that\nthere is sufficient evidence to put the accused person on trial, the magistrate\nshall forthwith order the accused person to be discharged as to the particular\ncharge under inquiry.\n(2) A discharge under subsection (1) shall not be a bar to any subsequent charge in\nrelation to the same facts.\n(3) Nothing contained in this section shall prevent the court from proceeding either\nforthwith, or after such adjournment of the inquiry as may seem expedient in\nthe interests of justice, to investigate any other charge upon which the accused\nperson may have been summoned or otherwise brought before the court.\n\nCriminal Procedure Code (2026 Revision)\nSection 94\n\nc\nRevised as at 31st December, 2025\nPage 47\n\n94.\nSummary adjudication in certain cases\n94. If, at the close of or during the preliminary inquiry, it shall appear to the court that the\noffence is of such a nature that it may suitably be dealt with under the powers\npossessed by the court and is not a case in which the accused having a right to elect\nto be tried on indictment has so elected, the court may, subject to this Code, hear and\nfinally determine the matter and either convict the accused person or dismiss the\ncharge:\nProvided that in every such case the accused shall be entitled to have recalled for\nfurther examination all witnesses whom the accused may require.\n95.\nRepealed\n95. Repealed by section 13 of the Criminal Procedure Code (Amendment) Act, 2011\n[Law 7 of 2011].\n96.\nComplainant and witnesses to be bound over\n96. When an accused person is committed for trial before the Grand Court, subject to this\nCode and the Evidence Act (2021 Revision), with regard to witnesses who are about\nto leave the Islands or who are ill, the court committing the accused person shall bind\nby recognisance, with or without sureties as the court may deem requisite, the\ncomplainant and every witness to appear at the trial to prosecute or to prosecute and\ngive evidence or to give evidence, as the case may be:\nProvided that if the complainant is acting on behalf of the Crown, the Director of\nPublic Prosecutions, the Commissioner of Police or any department of the\nGovernment or is a public officer acting in that public officer\u2019s official capacity that\nperson shall not be required to be bound by any recognisance or to give any security.\n97.\nRefusal to be bound over\n97. If a person refuses to enter into such recognisance, the court may commit the person\nto prison or into the custody of any officer of the court, there to remain until after the\ntrial, unless in the meantime the person enters into a recognisance. If afterwards, from\nwant of sufficient evidence or other cause, the accused is discharged, the court shall\norder that the person imprisoned for so refusing be also discharged.\n98.\nAccused person entitled to copy of the written statements\n98. A person who \u2014\n(a)\nhas been committed for trial; or\n(b) has had that person\u2019s matter transmitted for hearing,\nbefore the Grand Court shall be entitled at any time before the trial to have a\ncopy of the written statements without payment.\n\nSECTION 99\nCriminal Procedure Code (2026 Revision)\n\nPage 48\nRevised as at 31st December, 2025\nc\n\n99.\nBinding over of witness conditionally\n99. (1) Where any person charged before a Summary Court with an offence triable upon\nindictment before the Grand Court is committed for trial, and it appears to the\ncourt after taking into account anything which may be said with reference\nthereto by the accused or the prosecutor, that the attendance at the trial of any\nwitness who has provided a written statement is unnecessary by reason of\nanything contained in any statement by the accused person, or of the evidence\nof the witness being merely of a formal nature, the court shall, if the witness has\nnot already been bound over, bind the witness over to attend the trial\nconditionally upon notice given to that witness and not otherwise, or shall, if the\nwitness has already been bound over, direct that the witness shall be treated as\nhaving been bound over, to attend only conditionally as aforesaid, and shall\ntransmit to the Grand Court a statement in writing of the names, addresses and\noccupations of the witnesses who are, or who are to be treated as having been\nbound over to attend the trial conditionally.\n(2) Where a witness has been, or is to be treated as having been bound over\nconditionally to attend the trial, the Director of Public Prosecutions or the person\ncommitted for trial may give notice, at any time before the opening of the\nsessions of the Grand Court, to the Summary Court and at any time thereafter to\nthe Clerk that the Director of Public Prosecutions desires the witness to attend\nat the trial, and any such court or Clerk to whom any such notice is given shall\nforthwith notify the witness that the witness is required so to attend in pursuance\nof the witness\u2019s recognisance.\n(3) The Summary Court shall, on committing the accused person for trial, inform\nthe accused person of that accused person\u2019s right to require the attendance at the\ntrial of any such witness as aforesaid, and of the steps which the accused person\nmust take for the purpose of enforcing such attendance.\n(4) Any documents or articles produced in evidence before the Summary Court by\nany witness whose attendance at the trial is stated to be unnecessary in\naccordance with this section or the Evidence Act (2021 Revision), and marked\nas exhibits shall, unless in any particular case the magistrate otherwise orders,\nbe retained by the Summary Court and forwarded with the depositions to the\nClerk.\n\nCriminal Procedure Code (2026 Revision)\nSection 100\n\nc\nRevised as at 31st December, 2025\nPage 49\n\n100. Deposition of witness who is ill or about to leave the Islands\n100. If it is proved upon oath before any magistrate that any person is dangerously ill and\nunable to travel, or is about to leave the Islands for a period extending beyond the\ntime when the accused, if committed for trial, would be tried, and that such person is\nable and willing to give material information as to any offence which the magistrate\nis not empowered to try summarily, and with which any person has been charged\n(whether the preliminary inquiry has or has not been held or is in progress but not\nafter the accused has been discharged) the magistrate may take the deposition of such\nperson at the place where such person is lying sick or, if such person is about to leave\nthe Islands as aforesaid, in the court, in the manner prescribed by this Code, and shall,\nafter taking it, sign it, adding to it by way of heading a statement of the reason for\ntaking it, and of the day upon which and place at which it was taken, and of the names\nof the persons, if any, present at the taking thereof.\n101. Notice to be given\n101. Whenever it is intended to take any such deposition as aforesaid, reasonable notice\nthat it is intended so to be taken shall, if the accused is in prison be served upon the\naccused in prison, or if the accused is on bail shall be either served upon the accused\nor left with an adult person at the accused\u2019s last or most usual place of abode. If the\naccused is in prison, the magistrate shall, by an order in writing, direct the gaoler\nhaving the custody of the accused to cause the accused to be conveyed to the place\nwhere the deposition is to be taken, for the purpose of being present when the same\nis taken, and to be conveyed back to prison when it has been taken, but no accused\nperson shall be taken to any such place (other than the court) for such a purpose\nwithout that person\u2019s consent.\n102. Magistrate to deal with the deposition as with any other deposition\n102. If such deposition relates to an offence, the preliminary inquiry into which has ended,\nthe magistrate taking it shall send it to the Clerk to be placed with the other\ndepositions taken in the case, and if it relates to an offence with which some person\nhas been charged, and as to which a preliminary inquiry is in progress, the magistrate\nshall deal with it as with any other deposition taken in the matter under preliminary\ninquiry; but such person as aforesaid so making a deposition shall not be called upon\nto enter into a recognisance to give evidence at the trial of the accused.\n103. Such deposition to be admissible in evidence\n103. Every deposition taken under section 100 shall be a deposition taken in the case to\nwhich it relates, and shall be admissible in evidence on the same conditions as other\ndepositions:\n\nSECTION 104\nCriminal Procedure Code (2026 Revision)\n\nPage 50\nRevised as at 31st December, 2025\nc\n\nProvided that it shall be admissible against the accused although it may have been\ntaken in the accused\u2019s absence, and may not have been read over to the witness in the\naccused\u2019s presence, and although neither the accused nor the accused\u2019s counsel had\nany opportunity of cross-examining the witness, if it is proved that the accused having\nreceived such notice aforesaid that such deposition was about to be taken, refused or\nneglected to be present, or to cause the accused\u2019s counsel to be present when it was\ntaken:\nProvided also that if it is proved that the person whose evidence has been taken as\naforesaid has so recovered from that person\u2019s sickness or returned to the Islands as to\nbe able to be present at the sessions at which the accused is tried, such deposition so\ntaken as aforesaid shall not be read.\n104. Accused to have the same privileges as prosecutor under section 103\n104. Any person charged with having committed an offence not punishable summarily\nmay, on notice to the complainant, require that the evidence of any such person as in\nsection 100 mentioned may be taken on behalf of the defence in like manner, and any\ndeposition so taken shall be dealt with and be admissible in evidence on the same\nconditions as other depositions and on conditions corresponding to those mentioned\nin section 103.\n105. Transmission of records to Grand Court and Director of Public Prosecutions\n105. In the event of a committal for trial the written charge, the written statements, the\nrecognisances of the complainant and the witnesses, the recognisances of bail, if any,\nand any documents or things which have been put in evidence shall be transmitted\nwithout delay by the committing court to the Clerk, and an authenticated copy of the\nwritten statements and any documentary exhibits shall be supplied to the Director of\nPublic Prosecutions at the same time by the Summary Court.\n106. Power of Director of Public Prosecutions to refer case back to magistrate for\nfurther preliminary inquiry\n106. (1) After the receipt by the Director of Public Prosecutions of an authenticated copy\nof the depositions, recognisances and other documents forwarded to the Director\nof Public Prosections in relation to any case committed for trial, the Director of\nPublic Prosecutions may, at any time, refer back such documents to the\nSummary Court with directions to re-open the inquiry for the purpose of taking\nevidence or further evidence on a certain point or points to be specified, and\nwith such directions as the Director of Public Prosecutions may think proper.\n(2) Subject to any express directions which may be given by the Director of Public\nProsecutions, the effect of any such reference back to the Summary Court shall\nbe that the inquiry shall be reopened and dealt with in all respects as if the\naccused person had not been committed for trial.\n\nCriminal Procedure Code (2026 Revision)\nSection 107\n\nc\nRevised as at 31st December, 2025\nPage 51\n\n107. Mode of trial upon committal to the Grand Court and preferment of\nindictment\n107. (1) Every person committed for trial before the Grand Court shall be tried on an\nindictment preferred by the Director of Public Prosecutions, and such a trial\nshall be had by and before a Judge and a jury to be summoned, drawn and\nempanelled according to the Judicature Act (2021 Revision).\n(2) Every such indictment shall be drawn up in accordance with this Code and when\nsigned by the Director of Public Prosecutions shall be filed in the office of the\nGrand Court together with such additional copies thereof as are necessary for\nservice upon the accused person or persons.\n(3) In any such indictment the Director of Public Prosecutions may charge the\naccused person with any offence which, in the Director of Public Prosecutions\u2019\nopinion, is disclosed by the written statements either in addition to or in\nsubstitution for the offence upon which the accused person has been committed\nfor trial.\n108. Voluntary indictment\n108. (1) Notwithstanding section 107, a person may be tried before the Grand Court on\nan indictment preferred by the direction, or with the consent, of the Grand Court.\n(2) An indictment under subsection (1) shall be preferred in accordance with rules\nset out in Schedule 4.\n109. Notice of trial\n109. The Clerk shall endorse or annex to every indictment filed as aforesaid, and to every\ncopy thereof delivered to the officer of the court for service thereof, a notice of trial,\nwhich notice shall specify the particular session of the Grand Court at which the\naccused person is to be tried on the said indictment, and shall be in the following\nform, or as near thereto as may be \u2014\n\u201cA.B.\nTake notice that you will be tried on the indictment whereof this is a true copy\nat the sessions of the Grand Court to be held at                               commencing\non the         day of                         , 20    .\u201d.\n\nSECTION 110\nCriminal Procedure Code (2026 Revision)\n\nPage 52\nRevised as at 31st December, 2025\nc\n\n110. Service of copy of indictment and notice of trial\n110. (1) The Clerk shall deliver or cause to be delivered to the officer of the court serving\nthe indictment a copy thereof with the notice of trial endorsed on the same or\nannexed thereto, and, if there are more accused persons committed for trial than\none, then as many copies as there are such accused persons; and the officer of\nthe court aforesaid shall, as soon as may be after having received the copy or\ncopies of the indictment and notice or notices of trial, and three days at least\nbefore the day for trial, by the officer of the court or that officer\u2019s deputy or\nother officer, deliver to the accused person or persons committed for trial the\nsaid copy or copies of the indictment and notice or notices, and explain to the\nsaid persons the nature and exigency thereof; and when any accused person shall\nhave been admitted to bail and cannot readily be found, the officer of the court\nshall leave a copy of the said indictment and notice of trial with someone of the\naccused person\u2019s household for the accused person at the accused person\u2019s\ndwelling house or with someone of the accused person\u2019s bail for the accused\nperson, and if none such can be found, shall affix the said copy and notice to the\nouter or principal door of the dwelling house or dwelling-houses of the accused\nperson or of any of the accused person\u2019s bail:\nProvided that nothing herein contained shall prevent any person committed for\ntrial, and in custody at the opening of or during any sessions of the Grand Courts\nfrom being tried thereat, if that person shall express that person\u2019s assent to be so\ntried and no special objection be made thereto on the part of the Crown.\n(2) The officer serving the copy or copies of the indictment and notice or notices of\ntrial shall forthwith make to the Clerk a return of the mode of service thereof.\n111. Postponement of trial\n111. (1) The Grand Court upon the application of the prosecutor or the accused persons,\nif the court considers that there is sufficient cause for the delay, may postpone\nthe trial of any accused person to the next session of the court or to a subsequent\nsession and may, respite the recognisances of the prosecutor and witnesses, in\nwhich case the respited recognisances to prosecute and give evidence at such\nsubsequent session shall have the same effect as the original recognisances\nwould have had.\n(2) The Grand Court may give such directions for the amendment of the indictment\nand the service of any notices as the court may deem necessary in consequence\nof any order made under subsection (1).\n112. Restrictions on reports of committal proceedings\n112. (1) Except as provided in this section, it shall not be lawful to publish in the Islands\na written report, or to broadcast a report, of any committal proceedings\ncontaining any matter other than that permitted by subsection (6).\n\nCriminal Procedure Code (2026 Revision)\nSection 112\n\nc\nRevised as at 31st December, 2025\nPage 53\n\n(2) Subject to subsection (3), the court shall, on an application for the purpose made\nwith reference to any such committal proceedings by the accused person or one\nof the accused persons, as the case may be, order that subsection (1) shall not\napply to reports of those proceedings.\n(3) Where, in the case of two or more accused persons, one of them objects to the\nmaking of an order under subsection (2), the court shall make the order only if\nit is satisfied after hearing the representations of the accused persons, that it is\nin the interests of justice to do so.\n(4) An order under subsection (2) shall not apply to reports of proceedings under\nsubsection (3), but any decision of the court to make or not to make such an\norder may be contained in reports published or broadcast before the time\nauthorised by subsection (5).\n(5) It shall not be unlawful under this section to publish or broadcast a report of\ncommittal proceedings containing any matter other than that permitted by\nsubsection (6) \u2014\n(a)\nwhere the court determines not to commit the accused person, or\ndetermines to commit none of the accused persons, for trial, after it so\ndetermines; or\n(b) where the court commits the accused person or any of the accused persons\nfor trial, after the conclusion of the accused person\u2019s trial or as the case\nmay be, the trial of the last to be tried,\nand where at any time during a summary trial the court determines to commit\nthe accused person or persons for trial under section 79, it shall not be unlawful\nunder this section to publish or broadcast as part of a report of the summary trial,\nafter the court so determines, a report of so much of the committal proceedings\ncontaining any such matter as takes place before such determination.\n(6) The following matters may be contained in a report of committal proceedings\npublished or broadcast without an order under subsection (2) before the time\nauthorised by subsection (5) \u2014\n(a)\nthe identity of the Court and the name of the magistrate;\n(b) the names, addresses and occupations of the parties and witnesses, and the\nages of the accused persons and witnesses;\n(c)\nthe offence or offences, or a summary of them, with which the accused\nperson or persons is or are charged;\n(d) the names of counsel engaged in the proceedings;\n(e)\nany decision of the court to commit the accused person or any of the\naccused persons for trial, the charge or charges, or a summary of them, on\nwhich the accused person or any of the accused persons is or are\ncommitted;\n\nSECTION 112\nCriminal Procedure Code (2026 Revision)\n\nPage 54\nRevised as at 31st December, 2025\nc\n\n(f)\nwhere the committal proceedings are adjourned, the date and place to\nwhich they are adjourned;\n(g) any arrangements as to bail on committal or adjournment; and\n(h) whether a legal aid certificate under the Legal Aid Act, 2015 [Law 17 of\n2015] was granted to the accused persons or any of them.\n(7) If a report is published or broadcast in contravention of this section, the\nfollowing person \u2014\n(a)\nin the case of a publication of a written report as part of a newspaper or\nperiodical, any proprietor, editor or publisher of the newspaper or\nperiodical;\n(b) in the case of a publication of a written report otherwise than as a part of a\nnewspaper or periodical, the person who publishes it; or\n(c)\nin the case of a broadcast of a report, any body corporate which transmits\nor provides the programme in which the report is broadcast and any person\nhaving functions in relation to the programme corresponding to those of\nthe editor of a newspaper or periodical,\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars.\n(8) Subsection (1) shall be in addition to, and not in derogation from, the provisions\nof any other law with respect to the publication of reports and proceedings of\ncourts.\n(9) In this section \u2014\n\u201cbroadcast\u201d means broadcast by wireless telegraphy sounds or visual images\nintended for general reception;\n\u201ccommittal proceedings\u201d shall be deemed to include any proceedings in the\ncourt before it proceeds to hold the preliminary enquiry; and\n\u201cpublish\u201d in relation to a report, means publish the report or any part thereof,\neither by itself or as a part of a newspaper or periodical, for distribution to the\npublic.\n(10) Proceedings for an offence under this section shall not be instituted otherwise\nthan by or with the consent of the Director of Public Prosecutions.\n\nCriminal Procedure Code (2026 Revision)\nSection 113\n\nc\nRevised as at 31st December, 2025\nPage 55\n\nPART 6 - Procedure in Trials before the Grand Court\n113. Practice of Grand Court in the exercise of its criminal jurisdiction\n113. Subject to this Code and to any other law for the time being in force in the Islands,\nthe practice of the Grand Court in the exercise of its criminal jurisdiction and the\nmode of conduct and procedure at the trial of any person upon indictment shall be\nassimilated so far as circumstances admit to the practice of courts of equivalent\njurisdiction in England.\n114. Bench warrant where accused does not appear\n114. Where any person against whom an indictment has been preferred, and who is at\nlarge, does not appear to plead to the indictment, whether the person is under\nrecognisance or not, the court may issue a warrant for that person\u2019s arrest.\n115. Bringing up prisoner for trial\n115. If any person against whom an indictment is preferred is at the date appointed for the\ntrial thereof confined in prison for some other cause, the court, by order in writing,\nmay direct the gaoler to bring up the accused as often as may be required for the\npurpose of the trial and such order shall be sufficient authority therefor and shall be\nobeyed by the gaoler. Any such person shall for all purposes be deemed to be in lawful\ncustody during the period when such person is absent from prison in accordance with\nany such order.\n116. Arraignment of accused\n116. (1) An accused person to be tried before the Grand Court upon an indictment shall\nbe placed at the bar unfettered, unless the court shall see cause otherwise to\norder, and the indictment shall be read over to the accused person by the Clerk\nor other officer of the court and explained or interpreted to the accused person\nif need be, and such accused person shall be required to plead instantly thereto,\nunless the accused person shall object that a copy of the indictment has not\npreviously been served upon such accused person under section 110 or the\naccused person raises objection to the indictment as hereafter in this Code\nprovided.\n(2) In the case of a corporation, the corporation may, by its representative, enter a\nplea in writing, and if either the corporation does not appear by its\nrepresentative, or, though it does so appear, fails to enter a plea, the court shall\ncause a plea of not guilty to be entered.\n(3) For the purposes of subsection (2), a representative of a corporation need not be\nappointed under the seal of the corporation, and a statement in writing to be\nsigned by the managing director of the corporation or by any person (by\nwhatever name called) having, or being one of the persons having, the\nmanagement of the affairs of the corporation, to the effect that the person named\n\nSECTION 117\nCriminal Procedure Code (2026 Revision)\n\nPage 56\nRevised as at 31st December, 2025\nc\n\nin the statement has been appointed as the representative of the corporation for\nthe purposes of this section shall be admissible without further proof as prima\nfacie evidence that that person has been so appointed.\n117. Objection to indictment on grounds of insufficiency of particulars\n117. No count in an indictment shall be quashed upon the ground only that it contains\ninsufficient particulars, but in any such case if objection is taken to any count by the\naccused person, or if in default of such objection it appears to the court that the interest\nof justice so requires, the court may order that the prosecution furnish such particulars\nin support of the charge as it may consider necessary for a fair trial and a copy of any\nsuch particulars shall be given to the accused or the accused\u2019s counsel without charge,\nand the trial shall proceed thereafter as if the indictment had been amended in\nconformity with the particulars.\n118. Amendment of indictment, separate trial and postponement of trial\n118. (1) Where, before a trial upon indictment or at any stage of such trial, it appears to\nthe court that the indictment is defective, the court shall make such order for the\namendment of the indictment as the court considers necessary to meet the\ncircumstances unless, having regard to the merits of the case, the required\namendments cannot be made without injustice. Any such amendments shall be\nmade upon such terms as to the court shall seem just.\n(2) When an indictment is amended under this section, a note of the order for\namendment shall be endorsed on the indictment and thereafter the indictment\nshall be treated for the purposes of all proceedings in connection therewith as\nhaving been filed in the amended form.\n(3) Where, before a trial upon indictment or at any stage of such trial, the court is\nof the opinion that the accused may be prejudiced or embarrassed in the accused\nperson\u2019s defence by reason of being charged with more than one offence in the\nsame indictment, or that for any reason it is desirable to direct that where there\nare two or more accused persons they should be tried separately, the court may\norder the separate trial of any count or counts in such indictment or the separate\ntrial of any accused persons charged in the same indictment.\n(4) Where, before a trial upon indictment or at any stage of such trial, the court is\nof the opinion that the postponement of the trial is expedient as a consequence\nof the exercise of any power of the court under this section or any other\nprovisions of this Code, the court shall make such order as to the postponement\nof the trial as appears necessary.\n(5) Where an order of the court is made under this section for a separate trial or for\npostponement of a trial \u2014\n(a)\nthe procedure on the separate trial of a count shall be the same in all\nrespects as if the count had been found in a separate indictment, and the\n\nCriminal Procedure Code (2026 Revision)\nSection 119\n\nc\nRevised as at 31st December, 2025\nPage 57\n\nprocedure on the postponed trial shall be the same in all respects as if the\ntrial had not commenced; and\n(b) the court may make such order as to admitting the accused to bail and as\nto the enlargement of recognisances and otherwise as the court may\nthink fit.\n(6) Any power conferred upon the court under this section shall be in addition to\nand not in derogation of any other power of the court for the same or similar\npurposes.\n119. Quashing of indictment\n119. (1) No objection to an indictment shall be taken by way of demurrer, but if any\nindictment does not state in substance an indictable offence or states an offence\nnot triable by the court, the accused may move the court to quash it or in arrest\nof judgment.\n(2) If the motion is made before the accused pleads, the court shall either quash the\nindictment or amend it, if having regard to the interest of justice it considers that\nit is proper that it should be amended.\n(3) If the defect in the indictment appears to the court during the trial and the court\ndoes not think fit to amend it, it may, in its discretion, quash the indictment or\nleave the objection to be taken in arrest of judgment.\n(4) If the indictment is quashed, the court may direct the accused to plead to another\nindictment founded on the same facts when called on at the same session of the\ncourt.\n120. Charge of previous conviction\n120. Where an indictment contains a count charging the accused with having been\npreviously convicted of or charged with an offence, the accused shall not, at the time\nof the accused\u2019s arraignment, be required to plead to it unless the accused pleads\nguilty to the rest of the indictment, nor shall the count be mentioned to the jury when\nthe accused is given in charge to them, or when they are sworn, nor shall the accused\nbe tried upon it if the accused is acquitted on the other counts; but, if the accused is\nconvicted on any other part of the indictment the accused shall be asked whether the\naccused has been previously convicted or charged as alleged or not, and, if the\naccused says that the accused has not or does not say that the accused has been so\nconvicted or charged, the jury shall be charged to inquire into the matter as in other\ncases.\n121. Pleading to the indictment\n121. When the accused is called upon to plead, the accused may plead either guilty or not\nguilty, or such other special pleas as are provided in this Code.\n\nSECTION 122\nCriminal Procedure Code (2026 Revision)\n\nPage 58\nRevised as at 31st December, 2025\nc\n\n122. Refusal or incapacity to plead\n122. (1) If an accused person upon being arraigned upon any indictment stands mute of\nmalice or will not, or by reason of infirmity cannot, answer directly to the\nindictment, the court may, if it thinks fit, order the Clerk or other proper officer\nof the court to enter a plea of not guilty on behalf of such person and the plea so\nentered shall have the same force and effect as if such person had actually\npleaded the same.\n(2) If it appears, before or upon arraignment, that an accused person may be\nmentally impaired, the court may order a jury to be empanelled to try the\naccused person\u2019s sanity, and the jury shall thereupon, after hearing evidence for\nthat purpose, find whether the accused person is or is not insane and unfit to\nstand the accused person\u2019s trial. If the finding of the jury is that the accused\nperson is insane and unfit to stand that accused person\u2019s trial, section 159 shall\napply.\n123. Proceedings when plea made\n123. (1) If upon arraignment the accused pleads guilty the accused may be convicted\nthereon.\n(2) If upon arraignment the accused pleads not guilty, or if a plea of not guilty is\nentered upon the accused behalf in accordance with section 122, the court shall\nproceed to try the case.\n(3) Every plea, including any special plea hereafter in this Code provided for shall\nbe entered by the Clerk, or other proper officer of the court, on the back of the\nindictment or on a sheet of paper annexed thereto.\n124. Special pleas allowed to be pleaded\n124. (1) The following special pleas, and no others, may be pleaded, that is to say, a plea\nof autrefois acquit, a plea of autrefois convict and a plea of pardon.\n(2) All other grounds of defence may be relied on under the plea of not guilty.\n(3) The pleas of autrefois acquit, autrefois convict and pardon may be pleaded\ntogether, and shall, if pleaded, be disposed of before the accused is called on to\nplead further; and if every such plea is disposed of against the accused, the\naccused shall be allowed to plead not guilty.\n(4) In any plea of autrefois acquit or autrefois convict it shall be sufficient for the\naccused to state that the accused has been lawfully acquitted or convicted, as the\ncase may be, of the offence charged in the count to which the plea is pleaded.\n(5) Every special plea shall be in writing, or, if pleaded orally, shall be reduced to\nwriting, and shall be filed with the Clerk.\n\nCriminal Procedure Code (2026 Revision)\nSection 125\n\nc\nRevised as at 31st December, 2025\nPage 59\n\n125. General effect of pleas of autrefois acquit and autrefois convict\n125. (1) If, on the trial of an issue on a plea of autrefois acquit or autrefois convict, it\nappears that the matter on which the accused was tried on the former trial is the\nsame in whole or in part as that on which it is proposed to try the accused, and\nthat the accused might, on the former trial, have been convicted of any of the\noffences of which the accused may be convicted on the count to which the plea\nis pleaded, subject to subsection (2), the court shall give judgment that the\naccused be discharged from those counts which relate to such offences of which\nthe accused might on the former trial have been convicted.\n(2) If it appears that the accused might, on the former trial, have been convicted of\nany offence of which the accused may be convicted on the count to which the\nplea is pleaded, but that the accused may be convicted also on that count of some\noffence of which the accused could not have been convicted on the former trial,\nthe court shall direct that the accused shall not be convicted on that count of any\noffence of which the accused might have been convicted on the former trial, but\nthat the accused shall plead over as to the other offence charged.\n(3) Upon the trial of an issue to which this section refers, the Judge shall determine\nwhether in law the accused was convicted or liable to be convicted of any\noffence of which the accused stands charged or may be convicted on the count\nto which the accused has pleaded autrefois acquit or autrefois convict; but any\nissue of fact arising in relation thereto shall be for determination by the jury and\nthe Judge may, if the Judge shall think fit, require the jury to return a special\nverdict in relation thereto.\n126. Effect where previous offence charged was without aggravation\n126. (1) Subject to section 34, where an indictment charges substantially the same\noffence as that charged in the indictment on which the accused was given in\ncharge on a former trial, but adds a statement of intention or circumstances of\naggravation tending, if proved, to increase the punishment, the previous\nacquittal or conviction shall be a bar to the subsequent indictment.\n(2) A previous acquittal or conviction on an indictment for murder shall be a bar to\na second indictment for the same homicide charging it as manslaughter; and a\nprevious acquittal or conviction on an indictment for manslaughter shall be a\nbar to a second indictment for the same homicide charging it as murder.\n127. Use of depositions, etc., on former trial, or trial of special plea\n127. On the trial of an issue on a plea of autrefois acquit or autrefois convict, the\ndepositions transmitted to the court on the former trial, together with the Judge\u2019s\nnotes, if available, and the depositions transmitted to the court on the subsequent\ncharge or the copy of the record of the Summary Court, as the case may be, shall be\nadmissible in evidence to prove or disprove the identity of the charges.\n\nSECTION 128\nCriminal Procedure Code (2026 Revision)\n\nPage 60\nRevised as at 31st December, 2025\nc\n\n128. Power to postpone or adjourn trial\n128. (1) If, from the absence of witnesses or any other reasonable cause to be recorded\nin the proceedings, the court considers it necessary or advisable to postpone the\ncommencement of or to adjourn any trial, the court may, from time to time,\npostpone or adjourn the same on such terms as it thinks fit for such time as it\nconsiders reasonable, and may remand the accused to the prison or other place\nof security, or may admit the accused to bail. During any remand the court may,\nat any time, order the accused to be brought before it.\n(2) Subject to subsection (1), when the accused is given in charge to the jury the\ntrial shall proceed continuously.\n129. Election of trial by Judge alone\n129. (1) If an accused person is of the opinion that, due to the nature of the case or of the\nsurrounding circumstances, a fair trial with a jury may not be possible, the\naccused person may, at least twenty-one days before the date of the trial or the\ndate of arraignment, whichever is earlier, elect to be tried by a Judge alone; and\nsuch election shall be made by notice in writing addressed to the Clerk.\n(2) Notwithstanding subsection (1), a judge may permit an accused person to make\nan oral or written election at any time before a jury is empanelled where such\naccused person has proven that, because of exigent circumstances, it was not\npossible for such accused person to make an election within the time limit\nspecified in subsection (1).\n(3) Thereupon the trial shall proceed before a Judge alone, and, mutatis mutandis,\nPart 4 shall apply thereto:\nProvided that nothing in this section shall abridge or derogate from the powers\nconferred on a Judge by this or any other law.\n(4) If any difficulty shall arise in respect of any such trial by a Judge alone, the court\nmay give directions as to the procedure to be followed for the removal of such\ndifficulty.\n(5) Where there are two or more accused persons joined in the same indictment, the\nelection mentioned in subsection (1) shall only be exercisable by all such\naccused persons jointly.\n130. Procedure relating to jurors\n130. All matters relating to the calling, challenging, empanelling or swearing of jurors, or\notherwise in respect of any matter relating to juries for which no express provision is\nmade in this Code, shall be conducted in accordance with the Judicature Act (2021\nRevision).\n\nCriminal Procedure Code (2026 Revision)\nSection 131\n\nc\nRevised as at 31st December, 2025\nPage 61\n\n131. Giving prisoner in charge of the jury\n131. When a full jury have been sworn, the Clerk shall call the prisoner to the bar and,\naddressing the members of the jury, shall state the substance of the offences charged\nin the indictment and shall say \u201cto this indictment the prisoner has pleaded not guilty\nand it is your charge to say, having heard the evidence, whether the prisoner be guilty\nor not guilty\u201d.\n132. Case for the prosecution\n132. After the accused has been given in charge to the jury or when the jury have been\nsworn, the counsel for the prosecution may open the case against the accused, and\nadduce evidence in support of the charge.\n133. Additional witnesses for the prosecution\n133. (1) No witness who has not given evidence at the preliminary inquiry shall be called\nby the prosecution at any trial unless the accused person has received reasonable\nnotice in writing of the intention to call such witness.\n(2) A notice under subsection (1) shall state the witness\u2019s name and give the\nsubstance of the evidence which the witness intends to give. It shall be for the\ncourt to determine in any particular case what notice is reasonable, regard being\nhad to the time when and the circumstances under which the prosecution became\nacquainted with the nature of the witness\u2019s evidence and decided to call that\nperson as a witness.\n134. Cross-examination of prosecution witnesses\n134. Subject to the Evidence Act (2021 Revision), the witnesses called for the prosecution\nshall be subject to cross-examination by the accused person or the accused person\u2019s\ncounsel, and to re-examination by the prosecution.\n135. Depositions may be read in certain cases\n135. Where any person has been committed for trial for any offence, the deposition of any\nperson taken before the committing court may, if the conditions hereinafter set out\nare satisfied, without further proof be read as evidence on the trial of that person\nwhether for that offence or for any other offence arising out of the same transaction,\nor set of circumstances, as that offence. The conditions hereinafter referred to are the\nfollowing \u2014\n(a)\nthe deposition must be the deposition either \u2014\n(i)\nof a witness whose attendance at the trial is stated to be unnecessary\nin accordance with section 99;\n(ii) of a witness who is proved at the trial, by the oath of a credible\nwitness, to be dead, insane, absent from the Islands, so ill as not to be\nable to travel or otherwise incapable of giving evidence;\n\nSECTION 136\nCriminal Procedure Code (2026 Revision)\n\nPage 62\nRevised as at 31st December, 2025\nc\n\n(iii) of a witness who is proved to the satisfaction of the court, by evidence\non oath, to be kept away by means of the procurement of the accused\nor on the accused\u2019s behalf; or\n(iv) under the Evidence Act (2021 Revision); and\n(b) the deposition must purport to be signed by the magistrate before whom it\npurports to have been taken:\nProvided that this section shall not, subject to the Evidence Act (2021 Revision),\nhave effect in any case in which it is proved \u2014\n(i)\nthat the deposition was not in fact signed by the magistrate before\nwhom it purports to have been signed; or\n(ii) that the deposition is that of a witness whose attendance at the trial\nwas stated to be unnecessary as aforesaid, and the witness has been\nduly notified subsequently that that witness is required to attend the\ntrial.\n136. Statement of accused\n136. The statement or evidence, if any, of the accused person duly recorded by or before\nthe committing court, and whether signed by the accused person or not, may be given\nin evidence without further proof thereof, unless it is proved that the magistrate\npurporting to sign the statement or evidence did not in fact sign it.\n137. Close of case for prosecution\n137. (1) When the evidence of the prosecution witnesses has been concluded the court\nmay, before or after considering any statement or hearing any evidence of the\naccused, invite first the prosecution and thereafter (at its discretion) the defence\nto address it upon the question of whether there is sufficient evidence before the\ncourt to warrant conviction of the accused, or any one or more of several accused\nof the offence charged or any relevant offence and if, either before or after\nhearing the address by the defence, it considers there is no such evidence it shall\ndischarge the accused concerned and enter a verdict of not guilty with respect\nto such accused.\n(2) When the evidence of the witnesses for the prosecution has been concluded, and\nthe statement or evidence, if any, of the accused person before the committing\ncourt has been given in evidence, the court, if it considers that there is evidence\nthat the accused person or any one or more of several accused persons\ncommitted the offence, shall, if they are not being defended by counsel, inform\neach such accused person of that accused person\u2019s right to address the court,\neither personally or by that accused person\u2019s counsel, if any, to give evidence\non that accused person\u2019s own behalf and to call witnesses in that accused\nperson\u2019s defence, and in all cases shall require that accused person or that\naccused person\u2019s counsel to state whether it is intended to call any witnesses as\n\nCriminal Procedure Code (2026 Revision)\nSection 138\n\nc\nRevised as at 31st December, 2025\nPage 63\n\nto fact other than the accused person. Upon being informed thereof, the Judge\nshall record the same.\n138. Case for the defence\n138. The accused person or the accused person\u2019s counsel may then open the accused\nperson\u2019s case, stating the facts and law on which the accused person intends to rely,\nand making such comments as the accused person thinks necessary on the evidence\nfor the prosecution. The accused person and the accused person\u2019s witnesses may then\ngive evidence and the accused person or the accused person\u2019s counsel may examine\nsuch witness, if any, and, after their cross-examination by the prosecution and reexamination, if any, and any address by the prosecution under section 13, may sum\nup the accused person\u2019s case.\n139. Additional witnesses for the defence\n139. The accused person shall be allowed to examine any witness not previously bound\nover to give evidence at the trial if such witness is in attendance. If the accused person\napprehends that any such witness will not attend the trial voluntarily, the accused\nperson shall be entitled to apply for the issue of process to compel such witness\u2019s\nattendance:\nProvided that no accused person or prosecutor shall be entitled as of right to any\nadjournment to secure the attendance of any witness unless that person shows that\nsuch person could not, by reasonable diligence, have taken earlier steps to obtain the\npresence of the witness.\n140. Evidence in reply ex improviso\n140. If the accused person adduces evidence in the accused person\u2019s defence introducing\nnew matter which the prosecution could not have foreseen, the court may allow the\nprosecution to call evidence in reply to rebut such new matter.\n141. Where accused adduces no evidence\n141. If the accused person says that that accused person does not desire to call evidence\nand the court considers that there is evidence on which the accused person could be\nconvicted of the offence, counsel on both sides or the accused person, if the accused\nperson is unrepresented, may address the court.\n142. Right of reply\n142. Upon the trial of any person on indictment, the time at which the prosecution is\nentitled to exercise any right of reply shall, notwithstanding any other law or practice,\nbe after the close of the evidence for the defence and before the closing speech, if\nany, by or on behalf of the accused.\n\nSECTION 143\nCriminal Procedure Code (2026 Revision)\n\nPage 64\nRevised as at 31st December, 2025\nc\n\n143. Court may require witness to be called\n143. If the court is of the opinion that any witness who is not called for the prosecution\nought to be so called, it may require the Crown to call that witness and, if the witness\nis not in attendance, may make an order that that witness\u2019s attendance be procured\nand adjourn the further hearing of the case until the witness attends, or may on the\napplication of the accused discharge the jury and postpone the trial.\n144. Recalling a witness\n144. The Judge shall have power in the Judge\u2019s discretion at any stage of the trial, prior to\nthe conclusion of the summing up, to call any witness, whether or not such witness\nhas been called before the court in the course of the trial or not and to examine such\nwitness. If a witness for the Crown is recalled by the Judge or by leave of the Judge,\nthe accused or the accused\u2019s counsel shall be allowed to cross-examine the witness\non the new evidence given. In any other case a witness called under this section may\nonly be cross-examined by either party with the leave of the Judge.\n145. Summing up by the Judge\n145. When the case on both sides is closed the Judge shall, as necessary, sum up the law\nand the evidence in the case.\n146. Consideration of verdict by jury\n146. After the summing up, the jury shall consider the verdict either as a whole or in\nanswer to specific questions put by the Judge.\n147. Recording of verdict\n147. The verdict, when returned by the jury and accepted by the court, shall be entered by\nthe Clerk, on the back of the indictment, or on a sheet of paper annexed thereto, before\nthe jury are discharged.\n148. Verdict of not guilty\n148. If the jury find the accused not guilty, the accused shall be immediately discharged\nfrom custody on that indictment.\n149. Calling upon the accused\n149. If the accused person is convicted, or if the accused pleads guilty, the Clerk shall ask\nthe accused person if that accused person has anything to say why sentence should\nnot be passed upon that accused person according to law, but the omission so to ask\nthe accused person shall have no effect upon the validity of the proceedings.\n\nCriminal Procedure Code (2026 Revision)\nSection 149A\n\nc\nRevised as at 31st December, 2025\nPage 65\n\n149A. Treatment of summary offence by Grand Court when joined on indictment\npursuant to section 88A\n149A.(1) Where the Summary Court commits a person to the Grand Court pursuant to\nsection 88A, the committal of that person in respect of a summary offence shall\nnot preclude the exercise in relation to the offence of the power conferred by\nthat section; but where that person is tried on indictment for such an offence and\nis acquitted the functions of the Grand Court under that section in relation to the\noffence shall cease.\n(2) If the person is convicted on the indictment, the Grand Court \u2014\n(a)\nshall consider whether the conditions specified in section 88A(1) were\nsatisfied; and\n(b) if they were satisfied,\nit shall state to the person the substance of the summary offence and ask the\nperson whether that person pleads guilty or not guilty.\n(3) If the person pleads guilty, the Grand Court shall convict that person, but may\nonly deal with that person in respect of that offence in the manner in which a\nSummary Court could have dealt with that person.\n(4) If the person does not plead guilty, the Grand Court shall remit the matter to the\nSummary Court in respect of the offence except as provided by subsection (5).\n(5) If the prosecution informs the Grand Court that they will not submit evidence\non the charge relating to the summary offence, the Grand Court shall dismiss it.\n(6) The Grand Court shall inform the clerk of the Summary Court of the outcome\nof any proceedings under this section.\n(7) Where the Court of Appeal allows an appeal against conviction of an offence\nwhich may be tried either summarily or on indictment which arose out of\ncircumstances which were the same as or connected with those giving rise to a\nsummary offence of which the appellant was convicted under this section \u2014\n(a)\nit may set aside the conviction of the summary offence and give the clerk\nof the Summary Court notice that it has done so; and\n(b) it may \u2014\n(i)\nremit the summary offence to the Summary Court to be re-tried; or\n(ii) direct that no further proceedings in relation to the offence are to be\nundertaken,\nand the proceedings before the Grand Court in relation to the offence shall\nthereafter be disregarded for all purposes.\n(8) A notice under subsection (7) shall include particulars of any direction given\nunder paragraph (b)(i) of that subsection in relation to the offence.\n\nSECTION 150\nCriminal Procedure Code (2026 Revision)\n\nPage 66\nRevised as at 31st December, 2025\nc\n\n(9) The references to the clerk of the Summary Court in this section are to be\nconstrued in accordance with section 10 of the Summary Jurisdiction Act (2025\nRevision).\n150. Motion in arrest of judgment\n150. (1) The accused person may, at any time before sentence whether on the accused\nperson\u2019s plea or otherwise, move in arrest of judgment on the ground that the\nindictment does not, after any amendment which the court is willing and has\npower to make, state any offence which the court has power to try.\n(2) The court may, in its discretion, either hear and determine the matter during the\nsame sitting or adjourn the hearing thereof to a future date to be fixed for that\npurpose.\n(3) If the court decides in favour of the accused that accused person shall be\ndischarged from that indictment.\n151. Evidence for arriving at proper sentence\n151. The court may, before passing sentence, receive such evidence as it thinks fit in order\nto inform itself as to the sentence proper to be passed and may hear counsel on any\nmitigation or other circumstances which may be relevant.\n152. Sentence\n152. If no motion in arrest of judgment is made, or if the court decides against the accused\nperson upon such motion, the court may sentence the accused person at any time\nduring the session of the court in which the trial took place or may, in its discretion,\ndischarge the accused person on the accused person\u2019s own recognisances or on that\nof such sureties as the court may think fit, or both, to appear and receive judgment at\nthe same or some future sitting of the court or when called upon.\n153. Recording of judgment\n153. The judgment or sentence of the court shall be entered by the Clerk on the back of the\nindictment or on a sheet of paper annexed thereto.\n154. Power to allow time for payment\n154. Where, upon conviction of the accused person, the court adjudges the payment of any\nsum, it may \u2014\n(a)\nrequire immediate payment of the full amount;\n(b) allow time for payment; or\n(c)\ndirect that payment be made in instalments,\nand where time is allowed for payment it may, on application by or on behalf of\nthe person liable to make the payment, allow further time.\n\nCriminal Procedure Code (2026 Revision)\nSection 155\n\nc\nRevised as at 31st December, 2025\nPage 67\n\n155. Objections cured by verdict\n155. No judgment shall be stayed or reversed on the ground of any objection, which if\nstated after the indictment was read over to the accused person, or during the progress\nof the trial, might have been amended by the court, nor for any informality in swearing\nthe witnesses or any of them.\n156. Time for raising objections\n156. The proper time for making objections at a trial on the grounds of improper admission\nor rejection of evidence, or any irregularity or informality in the proceedings (other\nthan defects in the indictment) is \u2014\n(a)\nif the objection is to admission or rejection of evidence, at the time of such\nadmission or rejection;\n(b) if the irregularity or informality occurs before verdict, before such verdict;\nor\n(c)\nif the irregularity or informality occurs in the giving of the verdict or at\nany time before sentence is pronounced, before sentence is pronounced,\nand the court shall so far as possible correct any irregularity or informality which\noccurs in the proceedings and may direct the trial to be recommenced, for this\npurpose, at any stage before the verdict is given:\nProvided that nothing in this section shall be construed as being in derogation\nof any powers conferred upon the Court of Appeal to entertain any appeal in the\nexercise of its criminal jurisdiction under the Court of Appeal Act (2023\nRevision).\n157. Minutes of proceedings in trial before Grand Court\n157. (1) The Clerk shall cause to be preserved all indictments and all depositions filed\nwith or transmitted to the Clerk, and the Clerk shall keep a book, to be called\nthe Court Minute Book, and such a book shall be the property of the court and\nshall be deemed a record thereof.\n(2) The indictment, the plea or pleas thereto, the verdict and the judgment or\nsentence of the court, the date thereof, the name of the Judge and the number of\nthe case shall form and constitute the record of the proceedings in each case and\nshall be kept and preserved in the office of the court.\nPART 7 - Procedure Relating to Persons Found Insane\n158. Special verdict where accused found insane at time of offence charged\n158. Where in an indictment \u2014\n(a)  an act or omission is charged against a person as an offence; and\n\nSECTION 159\nCriminal Procedure Code (2026 Revision)\n\nPage 68\nRevised as at 31st December, 2025\nc\n\n(b)  it is given in evidence on that person\u2019s trial for that offence that that person\nwas insane so as not to be responsible, according to law, for that person\u2019s\nactions at the time when the act was done or omission made,\nthen, if it appears to the jury before whom that person is tried that that person did the\nact or made the omission charged but was insane at the time when that person did the\nact or made the omission, the jury shall return a special verdict that the accused is not\nguilty of the act or omission by reason of insanity.\n159. Powers to deal with persons not guilty by reason of insanity or unfit to plead\netc.\n159. (1) Where an accused person is found to be insane before or upon arraignment, in\naccordance with section 122(2), or a special verdict is found against that person\nunder section 158, the court shall make in respect of the accused \u2014\n(a)  a supervision order;\n(b)  a treatment order;\n(c)  an order under the Alternative Sentencing Act (2008 Revision);\n(d) an order for the conditional discharge of the person; or\n(e)  an order for the absolute discharge of the person\n(2)  The court, before making an order under subsection (1)(a) and (b), must be\nsatisfied on the evidence of one or more mental health professionals, at least one\nof whom must be a psychiatrist or a psychologist, that the defendant is mentally\ndisordered and requires confinement and treatment or only treatment for such\ndisorder.\n(3)  Where the court makes an order under subsection (1)(a) the court shall order the\nperson to be kept at a hospital, prison, place of safety or other place appointed\nby any law for the reception or custody of insane persons until discharged by\norder of the court, and the court shall consult with the Chief Medical Officer,\nand mental health professionals and social workers assigned to the person with\nregard to the discharge of the person.\n(4)  When a person is sent to a hospital, place of safety or other place appointed by\nany law for the reception or custody of insane persons under this section, officers\nof such hospital, place of safety or other place may exercise the same powers\nand authorities for the restraint of such person as can by law be exercised by or\nare vested in a gaoler or any other officers in respect of persons sentenced to\nimprisonment.\n(5)  Where the court has power under subsection (1)(e) to make an order for the\nabsolute discharge of the accused, the court may do so where it is of the opinion,\nhaving regard to the circumstances, including the nature of the offence charged\nand the character of the accused, that such an order would be most suitable in\nall the circumstances of the case.\n\nCriminal Procedure Code (2026 Revision)\nSection 159A\n\nc\nRevised as at 31st December, 2025\nPage 69\n\n(6)  In the exercise of its powers under subsection (1), the court may take into\naccount any undertaking given by, or on behalf of, the person that the person\nshall undergo or continue to undergo a particular programme or course of\ntreatment.\n(7)  The court may, from time to time, after consultation with the Chief Medical\nOfficer, issue all necessary orders for the care, control and custody of any person\ndetained under this section and such orders may vary or revoke other orders\nmade under this section and may contain such conditions as the court determines\nto be necessary.\n159A. Interpretation for this Part\n159A.In this Part \u2014\n\u201csupervision order\u201d means an order for confinement and treatment under the Mental\nHealth Act (2023 Revision) at a hospital, prison, other place of safety or other place\nappointed by any law for the reception or custody of insane persons; and\n\u201ctreatment order\u201d means an order for treatment under the Mental Health Act (2023\nRevision) as an outpatient of a specified hospital.\n159B. Regulations for this Part\n159B.The Cabinet may, after consultation with the Chief Medical Officer, make\nregulations to give effect to this Part.\nPART 8 - Provisions Relating to the Framing of Indictments\n160. Offence to be specific in indictment\n160. Every indictment shall contain, and subject to this Act, shall be sufficient if it contains\na statement of the specific offence or offences with which the accused is charged,\ntogether with such particulars as may be necessary for giving reasonable information\nas to the nature of the offence alleged and the acts or omissions alleged to have given\nrise to the offence, showing as nearly as possible the place and date of the offence\nand that it lies within the court\u2019s jurisdiction.\n161. Joinder of counts in indictment\n161. (1) More than one offence may be charged together in the same indictment if the\noffences charged are founded on the same facts or form or are part of a series of\noffences of the same or a similar character.\n(2) Where more than one offence is alleged in an indictment a description of each\noffence so charged shall be set out in a separate paragraph of the charge or\nindictment called a count.\n\nSECTION 161A\nCriminal Procedure Code (2026 Revision)\n\nPage 70\nRevised as at 31st December, 2025\nc\n\n(3) Where, before trial or at any stage of a trial, the court is of opinion that a person\naccused may be embarrassed in that person\u2019s defence by reason of being\ncharged with more than one offence in the same charge or indictment or that for\nany other reason it is desirable to direct that the accused person be tried\nseparately for any one or more offences alleged in a charge or indictment the\ncourt may order a separate trial of any count or counts of such charge or\nindictment.\n161A. Power to join in indictment count for summary offence if founded on the\nsame facts, etc.\n161A.(1) A count charging a person with a summary offence to which this section applies\nmay be included in an indictment if the charge \u2014\n(a)\nis founded on the same facts or evidence as a count charging an indictable\noffence; or\n(b) is part of a series of offences of the same or similar character as an\nindictable offence which is also charged,\nbut only if, in either case, the facts or evidence relating to the offence were\ndisclosed on the written statements before a magistrate in the committal or\ntransmittal proceedings.\n(2) Where a count charging an offence to which this section applies is included in\nan indictment, the offence shall be tried in the same manner as if it were an\nindictable offence; but the Grand Court may only deal with the person in respect\nof it in a manner in which a Summary Court could have dealt with that person.\n(3) The offences to which this section applies are \u2014\n(a)\ncommon assault;\n(b) an offence under sections 78 to 81 of the Penal Code (2026 Revision);\n(c)\nan offence under section 216 of the Penal Code (2026 Revision);\n(d) an offence under section 241 of the Penal Code (2026 Revision) where the\nvalue does not exceed $5,000.00;\n(e)\nan offence under section 246(1) of the Penal Code (2026 Revision);\n(f)\nan offence under section 267(1) of the Penal Code (2026 Revision);\n(g) an offence under section 89 or 90 of the Traffic Act (2026 Revision); and\n(h) any summary offence specified under subsection (4).\n(4) The Cabinet may by Order specify any summary offence for the purposes of this\nsection where that summary offence is punishable with imprisonment or\ninvolves obligatory or discretionary disqualification from driving.\n162. Joinder of two or more accused in one indictment\n162. The following may be joined in one indictment and tried together \u2014\n\nCriminal Procedure Code (2026 Revision)\nSection 163\n\nc\nRevised as at 31st December, 2025\nPage 71\n\n(a)\npersons accused of the same offence committed in the course of the same\ntransaction;\n(b) persons accused of an offence and persons accused of abetment or of an\nattempt to commit such offence;\n(c)\npersons accused of different offences committed in the course of the same\ntransaction; and\n(d) persons accused of different offences all of which are founded on the same\nfacts or form, or are part of, a series of offences of the same or a similar\ncharacter.\n163. Rules for the framing of indictments\n163. (1) The Rules set out in Schedule 3 shall apply with respect to all indictments, and\nnotwithstanding any rule of law or practice to the contrary, an indictment shall\nnot be open to objection in respect of its form or contents if it is framed in\naccordance with those Rules.\n(2) Without prejudice to subsection (1), no count shall be deemed objectionable or\ninsufficient on the grounds, that \u2014\n(a)\nit contains only one name of the accused;\n(b) one name only or no name of the injured person is stated;\n(c)\nthe name or identity of the owner of any property is not stated;\n(d) it charges an intent to defraud without naming or describing the person\nwhom it was intended to defraud;\n(e)\nit does not set out any document which may be the subject of the charge;\n(f)\nthe means by which the offence was committed is not stated;\n(g) provided there is sufficient allegation of locus to confer jurisdiction, the\ndistrict in which the offence was committed is not stated; or\n(h) any person or thing is not described with precision:\nProvided that, if it appears to the court that the interest of justice and the\navoidance of prejudice to the accused person so require, the court shall order\nthat the complainant or the prosecutor shall furnish particulars further describing\nor specifying any of the foregoing matters.\n164. Application of Part 8 and Rules to charges before Summary Court\n164. This Part and the Rules shall apply mutatis mutandis with respect to charges triable\nsummarily before the Summary Court:\nProvided that rules 1, 2 and 12 shall not apply to such charges and the formal\nmatters and commencement in the case of such charges shall be in conformity\nwith the practice heretofore in use in courts of summary jurisdiction in the\nIslands.\n\nSECTION 165\nCriminal Procedure Code (2026 Revision)\n\nPage 72\nRevised as at 31st December, 2025\nc\n\nPART 9 - Appeals from Summary Court\n165. Appeals from decisions of Summary Court\n165. (1) Save as hereafter in this Code provided, any person who is dissatisfied with any\njudgment, sentence or order of the Summary Court in any criminal cause or\nmatter to which that person is a party may appeal to the Grand Court against\nsuch judgment, sentence or order either by motion on matters of law or fact (or\nboth) or by way of case stated on a point of law only as hereafter provided:\nProvided that in no case shall the complainant appeal from a decision dismissing\na complaint except by way of a stated case on a point of law.\n(2) For the purposes of any appeal the Director of Public Prosecutions shall be\ndeemed to be a party to any criminal cause or matter other than those in which\nthe proceedings were instituted and carried on as a private prosecution and in\nwhich the conduct of such proceedings has not been taken over by the Director\nof Public Prosecutions under section 12(5).\n166. Magistrate to inform accused person of right of appeal\n166. (1) When any person is convicted by a Summary Court, the magistrate shall inform\nthat person, at the time when the sentence is passed, of that person\u2019s right of\nappeal and the steps which must be taken by a party wishing to appeal and a\nnote shall be made at the time by the magistrate that such information has been\ngiven by that magistrate to such person and such note shall be conclusive as to\nthis section having been complied with.\n(2) Upon being so informed, the convicted person may then and there give oral\nnotice of that person\u2019s intention to appeal, and such notice shall be recorded by\nthe magistrate and by the prosecutor.\n167. Limitations on right of appeal\n167. No appeal shall be allowed in a case in which the accused person has pleaded guilty\nand has been convicted by the Summary Court on such plea, except as to the extent\nor legality of the sentence.\n168. Appeal not to operate as a stay\n168. (1) An appeal shall not in itself have the effect of suspending the execution of the\ndecision appealed and shall be on motion or by special case stated as hereafter\nin this Code provided.\n(2) An appellant who has failed to give notice of appeal under section 166(2) may,\nwithin seven days after the day upon which the decision was given from which\nthe appeal is made, serve a notice in writing, signed by the appellant or the\nappellant\u2019s counsel, on the other party and on the Summary Court of the\nappellant\u2019s intention to appeal and of the general grounds of the appellant\u2019s\nappeal:\n\nCriminal Procedure Code (2026 Revision)\nSection 169\n\nc\nRevised as at 31st December, 2025\nPage 73\n\nProvided that any person aggrieved by the decision of the Summary Court may\nupon notice to the other party apply to the Grand Court for leave to extend the\ntime within which such notice of appeal prescribed by this subsection may be\nserved, and the court upon the hearing of such application may extend such time\nas it deems fit.\n169. Recognisance on security to be taken\n169. The appellant shall, within three days after the day on which the appellant gave or\nserved notice of the appellant\u2019s intention to appeal, enter into a recognisance before\nthe Clerk, with or without sureties as the Clerk may direct, conditioned to prosecute\nthe appeal to judgment thereon of the court, and to pay such costs as may be awarded\nby it or, if the Clerk thinks it expedient, the appellant may, instead of entering into\nrecognisances, give such other security by deposit of money with the Summary Court\nor otherwise as the Clerk deems sufficient:\nProvided that if the complainant is acting on behalf of the Crown, the Director of\nPublic Prosecutions, the Commissioner of Police or any department of the\nGovernment or is a public officer acting in that person\u2019s official capacity that person\nshall not be required to be bound by any recognisances or to give any security.\n170. Transmission of appeal papers\n170. As soon as the appellant has given or filed the notice of appeal and has complied with\nsection 169, the Summary Court shall without delay transmit to the Grand Court a\ncopy of the conviction, order or judgment and all papers relating to the appeal. The\nappellant shall lodge with the Clerk and serve upon the respondent, not less than three\ndays before the date appointed for the hearing of the appeal, a notice containing\nparticulars of matters of law or fact in regard to which the Summary Court is alleged\nto have erred.\n171. Admission of appellant to bail\n171. (1) Where the appellant is in custody the appellate court or the Summary Court may,\nif the circumstances appear exceptional, order that the appellant be released on\nbail, with or without sureties, pending the determination of the appeal:\nProvided that if the appeal is abandoned, withdrawn or dismissed, any such\norder for bail shall forthwith be cancelled.\n(2) Where the appellant is released on bail or the sentence is suspended pending an\nappeal, any time during which the appellant is at large after being so released or\nduring which the sentence has been suspended shall be excluded in computing\nthe term of any sentence to which the accused is subject.\n(3) An appellant who has given oral or written notice of appeal may elect to remain\non remand in custody, or begin to serve that person\u2019s sentence pending the\nhearing of that person\u2019s appeal. Any period of remand in custody shall not count\n\nSECTION 172\nCriminal Procedure Code (2026 Revision)\n\nPage 74\nRevised as at 31st December, 2025\nc\n\nas part of the sentence. A person electing to be so remanded in custody shall be\ntreated as a person awaiting trial.\n172. Case stated\n172. In all cases of appeal by way of case stated the appellant shall, within the times and\nin the manner and form hereinbefore prescribed, serve a notice of appeal and enter\ninto recognisances, and shall, within fourteen days after the day on which the\nSummary Court gave the decision from which the appeal is made, apply to such court\nto state a special case for the purpose of the appeal, setting forth the facts of the case\nand the grounds of the court\u2019s decision.\n173. Remedy if case stated refused\n173. A magistrate may refuse to state a case if the magistrate considers the matter is\nfrivolous, and shall, on request, deliver to the appellant a certificate of refusal, and\nthereupon the appellant may apply to the Grand Court for an order requiring the case\nto be stated:\nProvided that a magistrate shall not refuse to state a case where the application for\nthat purpose is made to that magistrate by or under the direction of the Director of\nPublic Prosecutions.\n174. Duty of Summary Court as to case stated\n174. (1) The magistrate, upon receiving the application of the appellant or an order of\nthe Grand Court in that behalf, as the case may be, shall, subject to section 173,\ndraw up the special case concisely setting forth such facts and documents, if\nany, as may be necessary to enable the court to decide the questions raised in\nthe case, and shall forthwith transmit the same together with a copy of the\nconviction, order or judgment appealed from and all documents alluded to in the\nspecial case to the Clerk who, on application of either party, shall supply such\napplicant with a copy of the case stated on payment for the same of any\nprescribed charge.\n(2) A case stated under subsection (1), in addition to any other matter which appears\nto the magistrate to be relevant, shall set out \u2014\n(a)\nthe charge, summons, information or complaint in respect of which the\nproceedings arose;\n(b) the facts found by the Summary Court to be admitted or proved;\n(c)\nany submission of law made by or on behalf of the complainant during the\ntrial or inquiry;\n(d) any submission of law made by or on behalf of the accused person during\nthe trial or inquiry;\n(e)\nthe finding and, in the case of conviction, the sentence of the Summary\nCourt;\n\nCriminal Procedure Code (2026 Revision)\nSection 175\n\nc\nRevised as at 31st December, 2025\nPage 75\n\n(f)\nany question of law which the magistrate or any of the parties desires to be\nsubmitted for the opinion of the Grand Court; and\n(g) any questions of law which the Director of Public Prosecutions may\nrequire to be submitted for the opinion of the Grand Court.\n175. Appellant entitled to copies of evidence\n175. On an appeal by motion, the appellant, on serving written notice on or giving oral\nnotice to the Summary Court of that person\u2019s intention to appeal, and on entering into\nrecognisances as aforesaid shall be entitled to receive with all convenient speed a\ncopy of the evidence taken by the court in the case, and also a copy of the conviction,\norder or judgment made or given. A copy of the evidence and of the conviction, order\nor judgment shall also be supplied by the Summary Court to the respondent as soon\nas the appellant has complied with the requirements of section 169.\n176. Court to set appeal down for argument\n176. The Grand Court shall, in either case, set the appeal down for hearing on such day,\nand shall cause notice of the same to be published in such manner, as the court may\ndirect:\nProvided that, except when otherwise agreed by the parties, not less than five days\u2019\nnotice shall be given by the court of the date appointed for the hearing of an appeal.\n177. Appeal not a re-hearing unless the court so decides\n177. On an appeal by motion, unless the Court considers the justice of the case required a\nre-hearing, the appellant shall begin, and unless the appellant satisfies the Court that\nit is necessary to call on the respondent, the conviction, order or judgment shall be\nconfirmed:\nProvided that, if the Court directs a re-hearing the respondent, if the issue is with the\nrespondent, shall begin and prove the respondent\u2019s case, and the Court may, if the\njustice of the case requires it, adjourn the hearing to some convenient day.\n178. Procedure on hearing of appeal\n178. At the hearing of an appeal on motion, the appellant shall, before going into the case,\nstate all the grounds of appeal on which the appellant intends to rely, and shall not,\nunless by leave of the court, go into any matters not raised by such statement, nor\nshall the appellant be entitled to examine any witnesses not examined at the hearing\nof the case before the Summary Court unless the appellant has given to the respondent\nthree clear days\u2019 notice in writing of the names and addresses of such witnesses and\nof the substance of the evidence they will give and unless the appellant has\nsubsequently obtained the leave of the court to the examination thereof.\n\nSECTION 179\nCriminal Procedure Code (2026 Revision)\n\nPage 76\nRevised as at 31st December, 2025\nc\n\n179. Court on hearing appeal to decide on facts as well as law\n179. On an appeal by motion, the court may draw inferences of fact from the evidence\ngiven before a Summary Court, and, subject to the due notice having been given as\nhereinbefore mentioned, may hear any further evidence tendered by the appellant,\nand may take and admit, if it thinks fit, any further evidence tendered in reply and\nalso such other evidence as it may require, and it may decide the appeal with reference\nboth to matters of fact and to matters of law.\n180. On appeal, court confined to facts and evidence stated therein\n180. On appeal by special case, the court shall entertain such appeal on the ground only\nthat the decision of the Summary Court was erroneous in points of law, or in excess\nof jurisdiction, and upon the facts stated and the evidence mentioned in the special\ncase. The court may remit the case to the Summary Court for amendment or\nrestatement if necessary, or for re-trial and determination in accordance with such\ndirections as may be deemed necessary.\n181. Powers of court on hearing appeals\n181. The court may adjourn the hearing of the appeal, and may, upon the hearing thereof\nconfirm, reverse, vary or modify the decision of the Summary Court, including the\npassing of some other sentence (whether more or less severe) or remit the matter to\nthe Summary Court for retrial, or may make such other order in the matter as it may\nthink just, and may, by such order, exercise any power which the Summary Court\nmight have exercised, and such order shall have the same effect and may be enforced\nin the same manner as if it had been made by the Summary Court:\nProvided that the court may, notwithstanding that it is of the opinion that the point\nraised in the appeal might be decided in favour of the appellant, dismiss the appeal if\nthe court considers that no substantial miscarriage of justice has actually occurred.\n182. Costs\n182. The court hearing any appeal may make such order as to the costs to be paid by either\nparty as it may think just:\nProvided that no magistrate shall be liable to any costs in respect of any appeal\nagainst that magistrate\u2019s decision.\n183. Where appeal is abandoned court may give respondent their costs\n183. Where an appeal is abandoned or withdrawn the court, on proof of notice of appeal\nhaving been given to the respondent, may make an order that the respondent shall\nreceive such costs as the court may allow.\n\nCriminal Procedure Code (2026 Revision)\nSection 184\n\nc\nRevised as at 31st December, 2025\nPage 77\n\n184. No appeal on point of form or matter of variance\n184. No judgment shall be given in favour of the appellant if the appeal is based on an\nobjection to any charge, complaint, summons or warrant for any alleged defect therein\nin matter of substance or for any variance between such charge, complaint, summons\nor warrant and the evidence adduced in support thereof, unless it be proved that such\nobjection was raised before the Summary Court.\n185. Court may decide on merits notwithstanding any defect in form\n185. In any case of appeal, the court may hear and determine the case upon the merits,\nnotwithstanding any defect in form or otherwise in the conviction, order or judgment,\nand if the appellant is found guilty the conviction, order or judgment shall be\nconfirmed and, if necessary, amended.\n186. Defect in order or warrant of commitment not to render void\n186. No conviction or order shall, for want of form, be quashed or removed by certiorari\ninto the Grand Court, and no warrant or commitment shall be held void by reason of\nany defect therein, if it be therein alleged that the party has been convicted or ordered\nto do or abstain from doing any act or thing required to be done or left undone, and\nthere be a good and valid conviction or order to sustain the same.\n187. Where conviction confirmed, warrant may issue as though no appeal had\nbeen made\n187. (1) Whenever the decision of a Summary Court is confirmed on appeal the Clerk\nshall inform the Summary Court of such confirmation, and thereupon the\nSummary Court may issue a warrant of distress, commitment or writ of\nexecution, as the case may be, for enforcing such decision in the same manner\nas though no appeal had been brought.\n(2) Whenever the decision is not confirmed, the Clerk shall send to the Summary\nCourt, for entry in the register of that Court and shall also endorse on the\nconviction, order or judgment appealed against, a memorandum of the decision\nof the appellate court, and whenever any copy or certificate of such conviction,\njudgment or order is made, a copy of such memorandum shall be added thereto,\nand shall be sufficient evidence of the decision on appeal in every case where\nsuch copy or certificate would be sufficient evidence of such conviction, order\nor judgment.\n\nSECTION 188\nCriminal Procedure Code (2026 Revision)\n\nPage 78\nRevised as at 31st December, 2025\nc\n\nPART 10 - Miscellaneous\n188. Powers of Grand Court in respect of habeas corpus, etc.\n188. Nothing in this Code shall be construed to affect or limit the powers of the Grand\nCourt to issue orders of certiorari, habeas corpus and mandamus in respect of\nproceedings thereupon and for any purposes connected therewith.\n189. Abolition of right of accused person to make unsworn statement\n189. (1) Subject to subsection (2), an accused person shall not be entitled to make an\nunsworn statement from the dock, and accordingly if the accused person gives\nevidence, the accused person shall do so on oath from the witness box and be\nliable to cross-examination; but this subsection shall not affect the right of an\naccused person, if the accused person is not represented by counsel, to address\nthe court or Jury otherwise than on oath on any matter on which, if the accused\nperson were so represented, counsel could address the court or jury on the\naccused person\u2019s behalf.\n(2) Nothing in subsection (1) shall prevent an accused person making a statement\nwithout being sworn \u2014\n(a)\nif it is one which the accused person is required by law to make personally;\nor\n(b) if the accused person makes it by way of mitigation before the court passes\nsentence upon that accused person.\n190. Code does not limit powers of courts relating to probation of young persons\n190. Nothing in this Code shall be construed to limit the powers conferred on any court\nwith respect to young persons under the Youth Justice Act (2021 Revision).\n191. General power to require recognisance to keep the peace\n191. (1) Any person may, by complaint made to the Summary Court, call upon any other\nperson to show cause why that other person should not be bound over in\nrecognisances \u2014\n(a)\nto keep the peace; or\n(b) to be of good behaviour toward any particular person,\nand the court may make an order adjudging the person complained against to\nenter into recognisances and find sureties in that behalf and the complainant and\ndefendant and witnesses may be called and examined and cross-examined, and\nthe parties and witnesses in such case shall be subject to this Code relating to\ntrial before such court.\n\nCriminal Procedure Code (2026 Revision)\nSection 192\n\nc\nRevised as at 31st December, 2025\nPage 79\n\n192. Seizure of property obtained by offence\n192. (1) Any court may order the seizure of any property which there is reason to believe\nhas been obtained by or is the proceeds or part of the proceeds of any offence,\nor into which the proceeds of any offence have been converted, and may direct\nthat the same shall be kept or sold and that the same, or the proceeds thereof if\nsold, shall be held as such court directs until some person establishes a right\nthereto to the satisfaction of such court. If no person establishes such a right\nwithin twelve months from the date of such seizure, the property or the proceeds\nthereof, shall vest in the Financial Secretary for the use of the Islands and shall\nbe disposed of accordingly.\n(2) A court may order the seizure of any instruments, materials or things where\nthere is reason to believe that they are \u2014\n(a)  provided or used, or intended to be provided or used, wholly or in part, for\nthe commission of an offence; or\n(b)  prepared or are being prepared with a view to the commission of an\noffence,\nand may direct them to be held and dealt with in the same manner as property\nseized under subsection (1).\n(2A) Where there is evidence that any instruments, materials or things referred to in\nsubsection (2) are unavailable at the time an order under this section is being\nconsidered, the court may \u2014\n(a)  order the seizure of any property of corresponding value to the\ninstruments, materials or things; and\n(b)  direct that the property be held and dealt with in the same manner as\nproperty seized under subsection (1).\n(3) Any order made under this section may be enforced by means of a search\nwarrant which, upon being satisfied by evidence on oath that there is reasonable\ncause for the issue of such warrant, any such court is hereby authorised to issue\nfor the purpose.\n193. Copies of proceedings\n193. If any person affected by any order made or judgment passed in any proceedings\nunder this Code desires to have copy of such order or judgment, or of any deposition\nor other part of the record in any such proceedings, the person shall, upon making\napplication for such copy, be furnished therewith, provided the person pays for the\nsame according to such scale as may be prescribed unless, in any particular case, the\ncourt directs that it be furnished free of cost.\n\nSECTION 194\nCriminal Procedure Code (2026 Revision)\n\nPage 80\nRevised as at 31st December, 2025\nc\n\n194. Criminal informations abolished\n194. Any power to bring proceedings for an offence by criminal information in the Grand\nCourt is abolished.\n195. Rules\n195. The Rules Committee established under the Grand Court Act (2026 Revision) may\nmake rules prescribing anything required to be prescribed under this Code and\ngenerally for carrying into effect this Code.\n196. Transitional provisions\n196. (1) Where, on the 19th February, 2025, the  date of the commencement of the\nCriminal Procedure Code (Amendment) Act, 2025 (Act 6 of 2025), a person is\nin custody pursuant to section 159 of the Criminal Procedure Code (2021\nRevision), the Governor, prior to making an order for discharge of that person,\nshall consult, in relation to the discharge, with the Chief Medical Officer and\nthe mental health professionals and social workers assigned to the person, and\nmay impose such conditions upon the discharge of the person which the\nGovernor determines are necessary.\n(2)  Under subsection (1) a condition of a discharge may include \u2014\n(a)  supervision by mental health professionals and social workers for a\nspecified period, which period may be varied from time to time by the\nGovernor; or\n(b)  a course of treatment under the Mental Health Act (2023 Revision) as an\noutpatient of a specified hospital for a specified period which period may\nbe varied from time to time by the Governor.\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 81\n\n SCHEDULE 1\n(sections 5 and 14(7))\nMode of Trial and Arrestable Offences\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nA\nA\n46\nTreason by the Law of England\nLife imp.\nA\nA\n47\nInstigating treason\nLife imp.\nA\nA\n48\nConcealment of treason\nLife imp.\nA\nA\n49\nTreasonable offences (depose, levy war\nagainst the sovereign) (invade the realm)\nLife imp.\nB\nA\n54(1)\nImporting, etc., prohibited publication\nThree years $1000\nB\nA\n54(2)\nPossession, etc., prohibited publication\nTwo years $500\nB\nA\n55(1)\nFailing to deliver up prohibited publication\nTwo years $500\nB\nA\n58(1)\nSedition\nFive years $1000\nB\nA\n58(2)\nPossession of seditious publication\nThree years $500\nB\nA\n58(10)\nUnlawful use of confiscated printing machine\nThree years $500\nB\nA\n58(11)\nPublication of newspaper in contravention of\norder\nThree years $500\nA\nA\n61\nUnlawful oath to commit offences punishable\nwith imprisonment for life\nLife imp.\nA\nA\n62\nOther unlawful oath to commit crime, etc.\nTen years\nB\nA\n63(1)\nUnlawful drilling\nSeven years\nB\nA\n63(2)\nPresence at unlawful drilling\nTwo years\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 82\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nC\n\n64(1)\nPublication of false statement,\netc., to cause alarm\nFive years\n$5000\nA\n\n65\nDefamation of foreign princes\nTwo years\nB\n\n66\nForeign enlistment\nTwo years\nA\nA\n67\nPiracy\nAs English\nlaw\nB\nA\n69\nUnlawful assembly\nThree year\nB\nA\n70\nRiot\nFour years\nA\nA\n73\nRioting after proclamation\nLife imp.\nA\nA\n74\nObstructing making of\nproclamation\nLife imp.\nA\nA\n75\nRioters demolishing buildings\nLife imp.\nB\nA\n76\nRiotously preventing the sailing\nof a ship\nFour years\nB\nA\n77\nVandalising the flag of the Islands  Four years\nB\nA\n79\nImporting or carrying prohibited\nweapon\nTen years\n$10,000\nC\nA\n80\nCarrying offensive weapon\nTwo years\n$2000\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 83\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n81\nRestriction on carrying restricted\nweapons by night\nFour years $5000\nC\n\n82\nRefusal to accompany a constable\n$2,000\nC\nA\n84(1)\nForcible entry\nFour years\nC\nA\n85\nForcible detainer\nFour years\nC\nA\n86\nAffray\nFour years\nC\nA\n87\nChallenge to duel\nFour years\nC\nA\n88\nCausing fear, or provocation\nThree years\nC\nA\n88\nCausing fear, or provocation of\nviolence by night\nFour years\nB\nA\n88A\nIntentional harassment, alarm or\ndistress\nThree years or, if\ncommitted by\nnight, four years\nB\nA\n88B\nHarassment, alarm or distress\nThree years or, if\ncommitted by\nnight, four years\nB\nA\n88C\nThreat to kill\nTen years\nB\nA\n89\nAssembling for the purpose of\nsmuggling\nTwo years $1000\nC\nA\n97\nUnauthorised administration of an\noath\nTwo years\nB\nA\n98\nFalse assumption of authority\nFour years\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 84\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nA\nA\n99\nPersonating public officer\nFour years\nB\n\n100\nThreat of injury to person employed\nin the public service\nFour years\nA\n\n101\nPerjury\nSeven years\nA\n\n103\nFabricating evidence\nSeven years\nB\n\n104\nFalse swearing\nFour years\nB\n\n105\nDeceiving witnesses\nFour years\nB\n\n106\nDestroying evidence\nFour years\nB\n\n107(1)\nDefeating the course of justice\nSeven years\nB\n\n107(2)\nConspiracy to defeat the course of\njustice\nFive years\nB\n\n108\nCompounding of offences\nFour years\nB\n\n109\nCompounding penal actions\nFour years\nB\nA\n110\nOffering reward for stolen property\nFour years\nB\nA\n111\nOffences relating to judicial\nproceedings\nFour years\nB\nA\n112\nRescue of a person in other case\nSeven years\nB\nA\n113\nEscape\nFour years\nB\nA\n114\nPermitting prisoner to escape\nFour years\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 85\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n115\nAiding prisoner to escape\nSeven years\nB\nA\n116\nUnlawfully removing attached property\nThree years\nC\nA\n117\nObstructing court officers\nFour years\nB\n\n118\nFrauds, etc., by public officers\nFour years\nB\n\n119\nNeglect of official duty\nFour years\nB\nA\n120\nFalse information to public officer\nThree years $400\nB\n\n121\nDisobedience of lawful duty\nTwo years\nB\nA\n122\nInsult to religion\nFour years\nB\nA\n123\nDisturbing religious assemblies\nFour years\nB\nA\n124\nTrespassing, etc., on burial places\nFour years\nC\n\n125\nWords, etc., with intent to wound\nreligious feelings\nOne year\nB\nA\n126(1)\nHindering burial, etc.\nFour years\nA\nA\n128\nRape\nLife Imp.\nA\nA\n129\nAttempted rape\nFourteen years\nA\nA\n130\nAbduction for the purpose of marriage,\ncivil partnership or carnal knowledge\nTen years\nB\nA\n131\nAbduction of person under sixteen\nFour years\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 86\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n132\nIndecent assault on person\nTen years\nC\nA\n133\nInsulting the modesty of a woman\nThree years\nA\nA\n134(1)(a)\nDefilement of person under twelve\nTwenty years\nA\nA\n134(1)(b)\nDefilement of girl between the ages of\ntwelve and sixteen\nTwelve years\nA\nA\n134(2)\nAttempted Defilement of person\nunder sixteen\nTen years\nB\nA\n134A\nGross indecency\nTwelve years\nB\nA\n135\nDefilement of mentally impaired\nperson, etc.\nTwelve years\nB\nA\n136\nProcuration\nFour years\nB\nA\n137\nAdministering drugs to another person  Four years\nB\nA\n138\nDetention in a brothel\nFour years\nB\nA\n139(1)\nLiving on earnings of prostitution\nFour years\nB\nA\n140\nBrothel keeping\nFour years\nB\nA\n141(1)\nAttempt to procure abortion\nFour years\nB\nA\n142\nAttempt to procure own abortion\nFour years\nB\nA\n143\nSupplying drugs for purpose of\nprocuring abortion\nFour years\nB\nA\n144(1)\nUnnatural offence\nTen years\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 87\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n144(2)\nUnnatural offence (attempt)\nFour years\nA\nA\n145(4)\nIndecent assault on a man\nTen years\nA\nA\n146(1)\nIncest by males\nIf with a girl\nunder thirteen,\nlife, otherwise\ntwenty years\nA\nA\n146(3)\nIncest by males (attempt)\nIf with a girl\nunder thirteen, ten\nyears, otherwise\nseven years\nA\nA\n147\nIncest by females\nTen years\nA\nA\n149\nFraudulent pretence of marriage or civil\npartnership\nFive years\nA\nA\n150\nBigamy\nFive years\nA\nA\n151\nFraudulent marriage or civil partnership\nceremony\nFive years\nB\n\n152\nNeglecting children\nFour years\nA\nA\n153\nChild stealing\nSeven years\nC\n\n154\nCommon nuisance\nOne year\nC\nA\n155\nWatching and besetting\nSix months\nC\n\n156(1)\nChain letters\nSix months $500\nC\nA\n157(1)\nObscene publications\nThree months\n$200\nC\nA\n158\nIdle and disorderly persons\nFour years $2,000\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 88\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nC\nA\n159(1)\nRogues and vagabonds\nThree years\nC\nA\n159(1)\nRogues and vagabonds (subsequent\noffence)\nFour years\nB\n\n162\nFailure to account for subscriptions\nTwo years\nC\n\n163(1)\nStreet trading\n$1,000\nC\n\n163(3)\nStreet trading (subsequent offence)\nSix months\n$5,000\nC\nA\n164\nDisorderly conduct\n$2,000\nC\nA\n165\nDrunk and disorderly persons\nOne year\n$1,000\nC\nA\n166\nUnauthorised wearing of uniform\nFour years\n$2,000\nB\nA\n167\nNegligent act likely to spread\ndisease\nFour years\nB\n\n168\nAdulteration of food, drink, etc.\nFour years\nB\nA\n169\nPollution\nFour years\nB\nA\n170(1)\nObeah\nFour years\nB\n\n171\nLibel\nFour years\nB\n\n179\nLibel to extort money\nThree years\nA\nA\n182\nMurder\nLife imp.\nA\nA\n183\nManslaughter\nLife imp.\nA\nA\n194\nAttempt to murder\nLife imp.\nA\nA\n195\nAccessory after the fact to murder\nLife imp.\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 89\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nA\nA\n196\nWritten threat to murder\nSeven years\nA\nA\n197\nConspiracy to murder\nFourteen years\nA\nA\n198\nInfanticide\nLife imp.\nA\nA\n199(1)\nKilling unborn child\nLife imp.\nB\nA\n200\nConcealing the birth of a child\nTwo years\nA\nA\n201\nDisabling, etc., to facilitate an offence\nLife imp.\nA\nA\n202\nPreventing escape from wreck\nLife imp.\nA\nA\n203\nWounding or causing grievous bodily\nharm\nLife imp.\nB\nA\n204\nWounding or inflicting grievous bodily\nharm\nSeven years\nA\nA\n205\nAttempting to injure by explosive\nsubstances\nSixteen years\nA\nA\n206\nBomb hoax\nTen years\n$20,000\nA\nA\n207\nMaliciously administering poison\nFourteen years\nB\nA\n208\nUnlawful use of firearms\nFive years\nB\nA\n210\nReckless and negligent acts\nFour years\nC\nA\n211\nOther negligent acts causing harm\nTwo years $2000\nC\nA\n212\nDealing with poisonous substances in a\nnegligent manner\nTwo years $2000\nA\nA\n213\nExhibition of false light, mark or buoy\nFourteen years\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 90\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n214\nConveying person for hire in unsafe\nconveyance\nFour years\nC\n\n215\nCommon assault\nOne year\nC\nA\n216\nAssault causing actual bodily harm\nFive years\nA\nA\n217\nAssault on person protecting wreck\nSeven years\nA\nA\n220\nKidnapping and abduction\nLife imp.\nA\nA\n221\nKeeping in confinement a kidnapped\nperson\nLife imp\nB\nA\n222\nWrongful confinement\nFive years\nB\nA\n223\nUnlawful compulsory labour\nThree years\nB\nA\n228A(1)(a)\nPossessing indecent photograph or\npseudo-photograph of child\nFifteen years\nB\nA\n228A(1)(b)\nTaking, permitting to be taken or\nmaking\nindecent\nphotograph\nor\npseudo-photograph of child\nFifteen years\nB\nA\n228A(1)(c)\nDistributing or showing indecent\nphotograph or pseudo-photograph of\nchild\nFifteen years\nB\nA\n228B(1)(a)\nMaking,\nprinting,\npublishing,\nor\npossessing\nfor\nthe\npurpose\nof\npublication, child pornography\nFifteen years\nB\nA\n228B(1)(b)\nTransmitting,\nmaking\navailable,\ndistributing,\nselling,\nadvertising,\nimporting, exporting, or possessing for\nthe purpose of transmission, making\navailable,\ndistribution,\nsale,\nadvertising or exportation, of child\npornography\nTwenty-five years\nB\nA\n228B(1)(c)\nPossessing child pornography\nFifteen years\nB\nA\n228B(1)(d)\nAccessing child pornography\nFifteen years\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 91\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n228C(1)(a)\nPublishing child pornography through\na computer system\nFifteen years\nB\nA\n228C(1)(b)\nProducing child pornography\nFifteen years\nB\nA\n228C(1)(c)\nPossessing child pornography\nFifteen years\nB\nA\n228C(1)(d)\nAccessing child pornography\nFifteen years\nB\nA\n230\nPossession of bullet-proof vest or\nfirearm in association with gang\nTwenty years\nsubject to a\nminimum term of\nimprisonment of\nten years\n$100,000\nB\nA\n231\nGang membership\nTwenty years\n$500,000\nB\nA\n232\nParticipation in criminal activity in\nassociation with  gang\nTwenty years\n$500,000\nB\nA\n232C(2)\nRefusal to comply with a direction;\nresisting removal\nFour years $3,000\nB\nA\n232D(3)\nFailure to comply with an order;\nobstruction of police officer\nFour years $3,000\nC\nA\n241\nTheft where the value does not exceed\n$5,000\nSeven years\nB\nA\n241\nTheft where the value exceeds $5,000\nTen years\nA\nA\n242\nRobbery\nLife imp.\nB\nA\n243(1)\nBurglary\nFourteen years\nA\nA\n244(1)\nAggravated burglary\nLife imp.\nB\nA\n245\nAbstracting electricity\nTwo years $2000\nC\nA\n246(1)\nTaking conveyance without authority\nTwo years $1,000\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 92\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\n\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n247(1)\nObtaining property by deception\nTen years\nB\nA\n248(1)\nObtaining pecuniary advantage by\ndeception\nFive years\nB\nA\n249\nEvasion of liability by deception\nFive years\nB\nA\n250\nObtaining services by deception\nFour years\nA\nA\n251\nObtaining a money transfer by\ndeception\nTen years\nA\nA\n253\nDishonestly retaining a wrongful credit\nTen years\nB\nA\n254(1)\nMaking off\nFive years\n$2,000\nB\nA\n255(1)\nFalse accounting\nSeven years\nB\n\nA\n\n256(1)\n\nConnivance in dishonesty by company\nofficer contrary to section 247, 248 or\n255\nTen, five or\nseven years\nB\nA\n257(1)\nFalse statements by company officers\nSeven years\nB\nA\nA\nA\n258\n259(1)\nSuppression, etc., of documents\nBlackmail\nSeven years\nFourteen years\nB\nA\n260(2)\nHandling stolen goods\nFourteen years\nB\nA\n261(1)\nGoing equipped for stealing\nThree years\nC\nA\n267(1)\nDestroying or damaging property\nwhere the value of destruction or\ndamage does not exceed $3,000\nFive years and\n$5,000\nB\nA\n267(1)\nDestroying or damaging property\nwhere the value of destruction or\ndamage exceeds $3,000\nTen Years and\n$10,000\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 93\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n267(2)\nDestroying or damaging property\nintending to endanger life\nLife\nimprisonment\nA\nA\n267(3)\nArson\nLife\nimprisonment\nB\nA\n268\nThreats to destroy or damage property\nTen years\nA\nA\n269\nAttempt to commit arson or to destroy\nor damage property\nFourteen years\nA\nA\n270\nSetting fire to crops, etc.\nFourteen years\nA\nA\n271\nAttempt to set fire to crops, etc.\nSeven years\nA\nA\n272\nCasting away ships, etc.\nLife Imp.\nA\nA\n273\nAttempts to cast away ships, etc.\nFourteen years\nB\nA\n274\nKilling or injuring animals\nFive years\nA\nA\n275\nAttempts to destroy property by\nexplosives\nFourteen\nB\n\nA\n\n276\n\nCommunicating infectious disease to\nanimal\nSeven years\nC\nA\n277(1)\nCriminal trespass\nOne year $1,000\n\n277(2)\n\ndo.\nTwo years $2,000\n\n277(2)\n\ndo.\nThree years\n$3,000\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 94\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant  \u201cA\u201d\nmeans\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\n\nMaximum\npunishment\n\nB\nA\n278\nAggravated trespass\nFour years & fine\nC\nA\n279\nDoing damage on unenclosed land\nTwo years\nB\nA\n285\nForgery (general punishment)\nThree years\nA\nA\n286\nForgery (will, etc.)\nTen years\nA\nA\n287\nForgery (judicial document)\nTen years\nB\nA\n288\nForgery (stamp, etc.)\nSeven years\nB\nA\n289\nUttering forged document\nAs for the forgery\nB\nA\n290\nProcuring execution of forged document As for the forgery\nB\nA\n291\nUttering cancelled or exhausted\ndocument\nAs for the forgery\nB\nA\n292\nObliterating crossings on cheques\nSeven years\nB\nA\n293\nMaking documents without authority\nSeven years\nB\nA\n294\nDemanding property on forged\ntestamentary document\nAs for the forgery\nB\nA\n295(1)\nImporting or purchasing forged notes\nTen years\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 95\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nA\nA\n295(2)\nUttering a forged bank note or\ncurrency note\nTen years\nB\nA\n296\nFalsifying warrants, etc.\nTen years\nB\nA\n297\nFalsifying register\nTen years\nB\nA\n298\nSending false certificate of marriage or\ncivil partnership to registrar\nSeven years\nB\nA\n299\nFalse statement to registrar of births,\netc.\nFive years\nA\nA\n301\nCounterfeiting coin\nTen years\nA\nA\n302\nPreparations for counterfeiting\nSeven years\nA\nA\n303\nMaking, etc. implements of forgery\nSeven years\nB\nA\n304(1)\n304(2)\nImpairing coin\n\nFourteen years\nSeven years\nB\nA\n305\nMelting down coin\nSix months $200\nB\nA\n307\nPossession of clippings\nSeven years\nB\nA\n308\nUttering counterfeit coin\nTwo years\nB\nA\n309\nRepeated uttering\nThree years\nB\nA\n310\nUttering metal of coin not current as\ncoin\nOne year\nC\nA\n311\nSelling imitation currency\nSix months\n\nSCHEDULE 1\nCriminal Procedure Code (2026 Revision)\n\nPage 96\nRevised as at 31st December, 2025\nc\n\nMode\nof trial\ncategory\nWhether\narrestable\nwithout a\nWarrant\n\u201cA\u201d means\narrestable\nPenal\nCode\n(2026\nRevision)\nSection\nNature of Offence\nMaximum\npunishment\nB\nA\n312\nExporting counterfeit coin\nTwo years\nB\nA\n314\nPossession of die used for making\ncoin\nSeven years\nB\nA\n315\nPossession of materials for forging\nstamps\nOne year $200\nB\nA\n317\nTrade mark offences\nFour years\nB\nA*\n319\nAttempts to commit an offence\nLife imp.\nB\n\n320\nNeglect to prevent the commission\nof certain offences.\nTwo years\nB\nA*\n321\nConspiracy to commit certain\noffences\nTen years\nB\n\n322\nOther conspiracies\nFour years\nB\nA*\n324\nAccessories after the fact in certain\ncases\nTen years\n\n*If the offence attempted, etc., is\narrestable\n\nOFFENCES AGAINST OTHER\nLAWS WHERE POWER OF\nARREST IS NOT PRESCRIBED\n\nIf the offence is punishable more\nseverely than with six years\u2019\nimprisonment then such offence is\narrestable\n\nCLASSIFICATION OF OFFENCES AGAINST OTHER LAWS WHERE NO MODE OF TRIAL\nPRESCRIBED\n\nWhen the maximum punishment exceeds ten years\u2019 imprisonment A\n\nWhen the maximum punishment is one year imprisonment or a lesser punishment  C\n\nAll other offences B\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 97\n\nSCHEDULE 2\n(section 28)\nForm of Search Warrant\nWhereas I\/ the court am\/ is satisfied by information on oath that there is reasonable\nsuspicion\nof\nthe\ncommission\nof\nthe\noffence\nof_________________________________________and it has been made to appear to this\ncourt\/me that the production of the following article(s) is\/are essential to the inquiry into\nthe said offence.\n\nThis is to authorise and require you to enter upon and search the premises of\none_________________________situate at___________________, and if discovered to\ntake possession of the said article(s) and produce the same forthwith before a court;\nreturning this warrant with an endorsement certifying the manner of execution.\n\nGiven under my hand (and the seal of the court) this            day of                     20   .\n\nMagistrate\/Justice of the Peace\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 98\nRevised as at 31st December, 2025\nc\n\nSCHEDULE 3\n(section 163)\nRules for Framing Indictments\nMaterial, etc., for indictments\n1.\n(1) An indictment may be on parchment or durable paper, and may be either written\nor printed, or partly written and partly printed.\n(2) Each sheet on which an indictment is set out shall be not more than 17 and not\nless than 13 inches in length, and not more than 14 and not less than 8 inches in\nwidth, and if more than one sheet is required the sheets will be fastened together\nin book form.\n(3) A proper margin not less than 2 inches in width shall be kept on the left hand\nside of each sheet.\n(4) Figures and abbreviations may be used in an indictment for expressing anything\nwhich is commonly expressed thereby.\n(5) There shall be endorsed on the indictment the name of every witness intended\nto be examined by the prosecution.\n(6) An indictment shall not be open to objection by reason only of any failure to\ncomply with this rule.\nCommencement of indictment\n2.\nThe commencement of an indictment shall be in the following form \u2014\nCAYMAN ISLANDS\nIN THE GRAND COURT\nCriminal Side\nThe King versus A.B.\nA.B. is charged with the following offence (offences) \u2014\nTo Wit:\nMode in which offences are to be charged\n3.\n(1) A description of the offence charged in an indictment, or where more than one\noffence is charged, of each offence so charged, shall be set out in a separate\nparagraph called a count.\n(2) A count shall commence with a statement of the offence charged, called the\nstatement of offence.\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 99\n\n(3) The statement of an offence shall describe the offence shortly in ordinary\nlanguage, avoiding as far as possible the use of technical terms, and without\nnecessarily stating all the elements of the offence, and if the offence charged is\none created by a law, shall contain a reference to the section of the law creating\nthe offence.\n(4) After the statement of offence, particulars of such offence shall be set out in\nordinary language, in which the use of technical terms shall not be necessary:\n\nProvided that where any rule of law or any law limits the particulars of an\noffence which are required to be given in an information, nothing in this rule\nshall require any more particulars to be given than those as required.\n(5) Where a charge or indictment contains more than one count the counts shall be\nnumbered consecutively.\nProvisions as to statutory offences\n4.\nWhere a law constituting an offence states the offence to be the doing or the omission\nto do any one of any different acts in the alternative, or the doing or the omission to\ndo any act in any one of any different capacities, or with any one of any different\nintentions, or states any part of the offence in the alternative, the acts, omissions,\ncapacities or intentions or other matters stated in the alternative in the enactment, may\nbe stated in the alternative in the count charging the offence.\nDescription of property\n5.\n(1) The description of property in a count shall be in ordinary language and such as\nto indicate with reasonable clarity the property referred to, and if the property is\nso described it shall not be necessary (except when required for the purpose of\ndescribing an offence depending on any special ownership of property or special\nvalue of property) to name the person to whom the property belongs or the value\nof the property.\n(2) Where property is vested in more than one person, and the owners of the\nproperty are referred to in an indictment, it shall be sufficient to describe the\nproperty as owned by one of those persons by name with others, and if the\npersons owning the property are a body of persons with a collective name, such\nas \u201cInhabitants\u201d, \u201cTrustees\u201d, \u201cCommissioners\u201d, \u201cClub\u201d or other such name, it\nshall be sufficient to use the collective name without naming any individual.\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 100\nRevised as at 31st December, 2025\nc\n\nDescription of persons\n6.\nThe description or designation in an indictment of the accused person, or of any other\nperson to whom reference is made therein, shall be such as is reasonably sufficient to\nidentify the accused person, without necessarily stating that accused person\u2019s correct\nname, or that accused person\u2019s abode, style, degree or occupation; and if, owing to\nthe name of the person not being known, or for any other reason, it is impracticable\nto give such a description or designation, such description or designation shall be\ngiven as is reasonably practicable in the circumstances, or such person may be\ndescribed as \u201ca person unknown\u201d.\nDescription of document\n7.\nWhere it is necessary to refer to any document or instrument, it shall be sufficient to\ndescribe it by any name or designation by which it is usually known, or by the purport\nthereof without setting out any copy thereof.\nDescription of engraving\n8.\nIn a count in respect of an offence for engraving or making the whole or any part of\nany instrument, matter or anything whatsoever, or for using or having the unlawful\npossession of any plate or other material upon which the whole or any part of any\ninstrument, matter or thing whatsoever, shall have been engraved or made, or for\nhaving the unlawful possession of any paper upon which the whole or any part of any\ninstrument, matter or thing whatsoever, shall have been made or printed, it shall be\nsufficient to describe such instrument, matter or thing by any name or designation by\nwhich the same may be usually known, without setting out any copy or facsimile of\nthe whole or any part of such instrument, matter or thing.\nDescription of money\n9.\nIn a count in which it shall be necessary to make any averment as to any money or\nany currency note, it shall be sufficient to describe such money or currency note\nsimply as money, without specifying any particular coin or banknote; and such\nallegation as far as regards the description of the property shall be sustained by proof\nof any amount of coin or of any banknote, although the particular species of coin of\nwhich such amount was composed or the particular nature of the banknote shall not\nbe proved; and in cases of obtaining money or pecuniary advantage by deception by\nproof that the offender obtained any piece of coin, or any banknote, or any portion of\nthe value thereof although such piece of coin or banknote may have been delivered\nto the offender in order that some part of the value thereof should be returned to the\nparty delivering the same, or to any other person and such part shall have been\nreturned accordingly.\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 101\n\nGeneral rule as to description\n10. Subject to these Rules, it shall be sufficient to describe any place, time, thing, matter,\nact or omission whatsoever to which it is necessary to refer in any charge or\nindictment in ordinary language in such a manner as to indicate with reasonable\nclearness the place, time, thing, matter, act or omission referred to.\nStatement of intent\n11. It shall not be necessary in stating any intent to defraud, deceive or injure to state an\nintent to defraud, deceive or injure any particular person where the statute creating\nthe offence does not make any intent to defraud, deceive or injure a particular person\nan essential ingredient of the offence.\nCharge of previous convictions, etc.\n12. Any charge of a previous conviction of an offence shall be charged at the end of the\nindictment by means of a statement that the person accused has been previously\nconvicted of that offence at a certain time and place without stating the particulars of\nthe offence:\n\nProvided that in reading such indictment to the jury regard shall be had to section 120.\nSPECIMEN FORMS OF INDICTMENT\n1.\nSTATEMENT OF OFFENCE\nMurder, contrary to section 181 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA B. on the            day of              , at                   , murdered J.S.\n2.\nSTATEMENT OF OFFENCE\nAccessory after the fact to murder, contrary to section 195 of the Penal Code (2026\nRevision)\nPARTICULARS OF OFFENCE\nA. B., well knowing that one H.C., did on the        day of                   , at\n, murder C.C.\ndid on the                        day of                      , at                          , and on other days\nthereafter receive, comfort, harbour, assist and maintain the said H.C.\n3.\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 102\nRevised as at 31st December, 2025\nc\n\nSTATEMENT OF OFFENCE\nManslaughter, contrary to section 180 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA. B., on the        day of                   , at                        , unlawfully killed J.S.\n4.\nSTATEMENT OF OFFENCE\nRape, contrary to section 127 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , had carnal knowledge of E. F.\nwithout her consent.\n5.\nSTATEMENT OF OFFENCE\nGrievous bodily harm, contrary to section 203 of the Penal Code\n (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , unlawfully did grievous harm to\nC.D.\nSTATEMENT OF OFFENCE\nWounding, contrary to section 203 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , unlawfully wounded C.D.\n6.\nSTATEMENT OF OFFENCE\nCruelty to a child, contrary to section 225(1) of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., between the        day of                   , at                        being a person having\nresponsibility for C.D., a child, wilfully assaulted, ill-treated, neglected, abandoned or\nexposed the said child, or procured the said child to be assaulted, ill-treated, neglected,\nabandoned or exposed in a manner likely to cause the said child unnecessary suffering or\ninjury to the said child\u2019s health.\n7.\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 103\n\nSTATEMENT OF OFFENCE\nTheft, contrary to section 241 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , stole from M.N., ten yards of cloth.\n8.\nSTATEMENT OF OFFENCE\nRobbery, contrary to section 242 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the                            day of                           , at                        , stole a watch from\nC.D., and, immediately at the time of doing so, and in order to do so, used force on the said\nC.D., or put the said C.D. in fear of being then and there subjected to force.\n9.\nSTATEMENT OF OFFENCE\nFirst Count\nTheft, contrary to section 241 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , stole a bag, the property of C.D.\nSTATEMENT OF OFFENCE\nSecond Count\nHandling stolen goods contrary to section 260(1) of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the       day of                        , at                  , knowing or believing it to be stolen,\ndishonestly received a bag, or dishonestly undertook, assisted in or arranged for the\nretention, removal, disposal or realisation thereof for the benefit of another person.\nA.B., has been previously convicted of handling stolen goods on the          day of             .\n10.\nSTATEMENT OF OFFENCE\nBurglary and theft contrary to sections 243(1)(b) and 241 of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the       day of                        , at                                  , entered the building known\nas  as a trespasser and there stole one watch, the property of C.D.\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 104\nRevised as at 31st December, 2025\nc\n\n11 .\nSTATEMENT OF OFFENCE\nBlackmail, contrary to section 259 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , with a view to gain for A.B. or\nanother or with intent to cause loss to C.D., or another made an unwarranted demand with\nmenaces from the said C.D., that is to say A.B. demanded $2,000 from the said C.D., under\nthreat of accusing the said C.D., of having committed an infamous crime.\n12.\nSTATEMENT OF OFFENCE\nDishonestly obtaining property by deception, contrary to section 247 of the Penal\nCode (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , dishonestly by deception obtained\nfrom C.D., a motor car with intent permanently to deprive C.D. thereof.\n13.\nSTATEMENT OF OFFENCE\nConspiracy to commit an offence, contrary to section 321 of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B. and C.D. on divers days between the        day of               , and the        day                         of\n, at                                               , conspired together and with other persons unknown to\ndefraud such persons as should thereafter be induced to part with money to the said A.B.,\nand C.D., by false representation that A.B., and C.D., were then carrying on a genuine\nbusiness as jewellers at  and that they were then willing and prepared to supply articles of\njewellery to such persons.\n14.\nSTATEMENT OF OFFENCE\nFirst Count\nArson, contrary to section 267 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , wilfully and unlawfully set fire to a\ndwelling house known as                                         .\nSTATEMENT OF OFFENCE\nSecond Count\nDamaging property, contrary to section 267 of the Penal Code\n(2026 Revision)\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 105\n\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                                   , without lawful excuse\ndamaged a dwelling house known as                             the property of C.D. intending to\ndamage such property.\n15.\nSTATEMENT OF OFFENCES\nA B., Arson, contrary to section 267 of the Penal Code (2026 Revision)\n C.D. Counselling or procuring the said A.B., to commit the same offence.\nPARTICULARS OF OFFENCES\nA. B., on the        day of                   , at                        , wilfully and unlawfully set fire to\na dwelling house known as                                      . C.D., on the same day at            , did\ncounsel and procure the said A.B., to commit the said offence.\n16.\nSTATEMENT OF OFFENCE\nDoing damage on unenclosed land contrary to section 279 of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , without lawful excuse entered upon\nprivate unenclosed land and maliciously damaged a coconut tree there growing.\n17.\nSTATEMENT OF OFFENCE\nFirst Count\nForgery contrary to section 285 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , made a false document with intent\nto defraud.\nSTATEMENT OF OFFENCE\nSecond Count\nUttering a forged document, contrary to section 289 of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 106\nRevised as at 31st December, 2025\nc\n\nA.B., on the        day of                   , at                        , uttered a certain forged document\npurporting the same to be genuine and knowing the same to be forged and with intent to\ndefraud.\n18.\nSTATEMENT OF OFFENCE\nUttering counterfeit coin, contrary to section 308 of the Penal Code\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , uttered a counterfeit twenty-five\ncent piece knowing the same to be counterfeit.\n19.\nSTATEMENT OF OFFENCE\nPerjury, contrary to section 101 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , being a witness upon the trial of an\naction in the Grand Court, in which one                           was plaintiff and one                           was\ndefendant, knowingly falsely swore that A.B. saw one N.M., in the street called\nStreet, on the        day of                                 .\n20.\nSTATEMENT OF OFFENCE\nFirst Count\nProducing an obscene writing for the purpose of public distribution, contrary to\nsection 157(1)(a) of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nE.M., on the        day of                   , at                        , made and published or caused to be\nmade and published an obscene writing, the particulars of which are published with this\nindictment. (Particulars to specify pages and lines complained of where necessary, as in a\nbook).\nSTATEMENT OF OFFENCE\nSecond Count\nImporting an obscene writing for the purpose of public distribution, contrary to\nsection 157(1)(b) of the Penal Code (2026 Revision)\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 107\n\nPARTICULARS OF OFFENCE\nE.M., on the        day of                   , at                        , imported                           , for the\npurpose of distribution to the public an obscene writing, the particulars of which are\npublished with this indictment.\n21.\nSTATEMENT OF OFFENCE\nA.B., undischarged bankrupt obtaining credit, contrary to section 173 of the\nBankruptcy Act (2026 Revision);\nC.D., counselling and procuring the same offence\nPARTICULARS OF OFFENCES\nA.B., on the        day of                   , at                        , being an undischarged bankrupt\nobtained credit to the extent of one hundred dollars from H.S., without informing the said\nH.S. that A.B. was an undischarged bankrupt.\nC.D., at the same time and place did aid, abet, counsel and procure A B., to commit the\nsaid offence.\n22.\nSTATEMENT OF OFFENCE\nFirst Count\nFalse Accounting, contrary to section 255(1)(a) of the Penal Code\n (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , dishonestly, with a view to gain for\nA.B. or other, falsified an account in a cash book, the property of C.D., purporting to show\nthat on the said day one hundred dollars had been paid to L.M.\nSTATEMENT OF OFFENCE\nSecond Count\nFalse Accounting, contrary to section 255(1)(a) of the Penal Code\n (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , dishonestly, with a view to gain for\nA.B. or another, omitted or concurred in omitting from an account in a cash book belonging\nto C.D., A.B\u2019s employer, a material particular, that is to say the receipt on the said day of\none hundred dollars from H.S.\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 108\nRevised as at 31st December, 2025\nc\n\n23.\nSTATEMENT OF OFFENCE\nFirst Count\nDishonestly obtaining property by deception contrary to section 247(1) of the Penal\nCode (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , dishonestly obtained ownership,\npossession or control of certain property, that is to say one hundred dollars entrusted to\nA.B. by H.S., in order that, the said A.B., might retain the same in safe custody.\nSTATEMENT OF OFFENCE\nSecond Count\nDishonestly obtaining property by deception, contrary to section 247(1) of the Penal\nCode (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , dishonestly obtained ownership,\npossession or control of certain property, that is to say one hundred dollars entrusted to\nA.B. by H.S., in order that, the said A.B., might retain the same in safe custody.\nSTATEMENT OF OFFENCE\nThird Count\nDishonestly obtaining property contrary to section 247(1) of the Penal Code\n (2026 Revision)\nA.B., on the        day of                   , at                        , dishonestly obtained ownership,\npossession or control of certain property, that is to say one hundred dollars received by\nA.B. from H.S., for the account of L.M.\n24.\nSTATEMENT OF OFFENCE\nLibel, contrary to section 171 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , published a defamatory libel\nconcerning W.Y., in the form of a letter addressed to J.B., which said letter contained the\nfollowing defamatory matters concerning the said W.Y. \u2014\n1.\nDo you know that about the year                                       your friend W.Y.\nwas in the employ of L&J, and thatW.Y\u2019s accounts were found to be all\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 109\n\nwrong (meaning thereby that W.Y. was guilty of acts of dishonesty and\nfalsification of accounts while W.Y. was in the employ of L&J).\n2.\nAs soon as W.Y.\u2019s defalcations were discovered and a warrant was applied\nfor W.Y. fled to Rio (meaning thereby that the said W.Y. was a fugitive\nfrom justice).\n3.\nSome time after this W.Y. appears to have returned to Grand Cayman, for\nW.Y. was found to be keeping a brothel at Bodden Town (meaning thereby\nthat the said W.Y. had committed the criminal offence of keeping a\nbrothel).\n(See Form 25 for plea of justification to Form 24).\n25.\nPLEA OF JUSTIFICATION OF A.B., IN ANSWER TO THE INDICTMENT\nAGAINST A.B. FOR LIBEL\n(See Form 24).\nA.B. says the said A.B. is not guilty, and for a further plea that the said A.B. says that all\nthe defamatory matters alleged in the indictment are true.\nPARTICULARS\n1.\nOn the        day of                   , at                        , W.Y. received the sum of one\nhundred dollars from C.F. and the sum of two hundred dollars from W.D., on behalf of\nW.Y.\u2019s employers L&J., which W.Y. fraudulently omitted to enter in their books or to\naccount for in any way.\n2.\nOn the        day of                   , at                        ,, soon after W.Y.\u2019s defalcations were\ndiscovered and a warrant applied for against W.Y. for theft of W.Y.\u2019s employers\u2019 money\nand falsification of their books, W.Y. left Grand Cayman on a ship called the \u201cEagle\u201d,\nbound for Rio.\n3.\nOn the        day of                   , at                        , and other days in the year  W.Y.\nkept a brothel at Bodden Town, contrary to section 140 of the Penal Code (2026 Revision)\nAND A.B. says it was for the public benefit that the defamatory matters charged in the said\nindictment should be published by reason of the fact that W.Y. was, at the time of the\npublications thereof, a candidate for the public office of Membership of the Cayman\nIslands Parliament.\n26.\nREPLICATION TO THE PLEA OF JUSTIFICATION OF A. B.\n(See Form 25)\nH.S., Clerk of the Grand Court, joins issue on behalf of His Majesty the King.\n\nSCHEDULE 3\nCriminal Procedure Code (2026 Revision)\n\nPage 110\nRevised as at 31st December, 2025\nc\n\n27.\nSTATEMENT OF OFFENCE\nFirst Count\nBankruptcy Offence, contrary to section 172 (a) of the Bankruptcy Act (2026\nRevision)\nPARTICULARS OF OFFENCE\nA.B., having been adjudged bankrupt on the        day of                   , at                        , did\nnot fully and truly discover to the trustee all A.B.\u2019s property and how and to whom and for\nwhat consideration A.B. had disposed of a piano, part thereof.\nSTATEMENT OF OFFENCE\nSecond Count\nBankruptcy Offence, contrary to section 172 (c) of the Bankruptcy Act\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., having been adjudged bankrupt, on the        day of                   , at                        ,\ndid not deliver up to the trustee a book, called a ledger relating to A.B.\u2019s property affairs.\nSTATEMENT OF OFFENCE\nThird Count\nBankruptcy Offence, contrary to section 172(d) of the Bankruptcy Act\n(2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , and within six months next of the\npresentation of a bankruptcy petition against A.B. upon which A.B. was adjudged\nbankrupt, fraudulently removed a piano, value four hundred dollars, part of A.B.\u2019s\nproperty.\n28.\nSTATEMENT OF OFFENCE\nAttempting to inter the body of a person dying a sudden death without the consent\nof the Coroner, contrary to section 20 of the Coroners Act\n(2021 Revision)\nPARTICULARS OF OFFENCE\nA.B. and G.C., the        day of                   , at                         , intending to prevent the\nCoroner of                         from holding an inquest in the execution of the Coroner\u2019s duty\nupon the view of the dead body of S.C., who died a violent, or an unnatural or sudden death\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2025\nPage 111\n\nof which the cause was unknown, did attempt to bury the said dead body in a certain place\ncalled                                           .\n29.\nSTATEMENT OF OFFENCE\nConspiracy to incite women to kill their unborn children, contrary to sections 321\nand 199 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., and C.D., on divers days between the           and the          , at              , conspired\ntogether and with other persons unknown to incite women being with child to administer\nto themselves noxious things with intent to procure the death of their unborn children.\n30.\nSTATEMENT OF OFFENCE\nFirst Count\nInfanticide, contrary to section 198 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , caused the death of her newly-born\nchild by stabbing it with a knife but at the time of the act she had not fully recovered from\nthe effect of giving birth to such child and by reason thereof her mind was then disturbed.\nSTATEMENT OF OFFENCE\nSecond Count\nInfanticide, contrary to section 198 of the Penal Code (2026 Revision)\nPARTICULARS OF OFFENCE\nA.B., on the        day of                   , at                        , caused the death of her newly-born\nchild by a wilful omission, that is to say wilfully neglecting to                               , at the\ntime of the omission she had not fully recovered from the effect of giving birth to such\nchild and by reason thereof the balance of her mind was then disturbed.\n\nSCHEDULE 4\nCriminal Procedure Code (2026 Revision)\n\nPage 112\nRevised as at 31st December, 2025\nc\n\nSCHEDULE 4\nVoluntary Indictments\n\nApplication to judge of the Grand Court\n1.\nAn application under section 108 for consent to the preferment of an indictment may\nbe made to a judge of the Grand Court.\nApplication to be in writing\n2.\nEvery such application shall be made in writing and shall be signed by the applicant\nor the applicant\u2019s attorney-at-law.\nAccompanying documents to application etc.\n3.\nEvery application \u2014\n(a)\nshall be accompanied by the indictment which it is proposed to prefer and,\nunless the application is made by or on behalf of the Director of Public\nProsecutions, shall also be accompanied by an affidavit by the applicant, or, if\nthe applicant is a corporation, by an affidavit by a director or officer of the\ncorporation, that the statements contained in the application are, to the best of\nthe deponent\u2019s knowledge, information and belief, true; and\n(b) shall state whether or not any application has previously been made under this\nAct and whether there have been any committal proceedings, and the result of\nany such application or proceedings.\nApplication where no committal proceedings\n4.\nWhere there are no committal proceedings, the application shall state the reason why\nit is desired to prefer an indictment without such proceedings and \u2014\n(a)\nthere shall accompany the application proofs of evidence of the witnesses whom\nit is proposed to call in support of the charges; and\n(b) the application shall embody a statement that the evidence shown by the proofs\nwill be available at the trial and that the case disclosed by the proofs is, to the\nbest of the knowledge, information and belief of the applicant, substantially a\ntrue case.\nApplication where committal proceedings\n5.\nWhere there have been committal proceedings, and the magistrate has refused to\ncommit the accused for trial, the application shall be accompanied by \u2014\n(a)\na copy of the committal documents; and\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 4\n\nc\nRevised as at 31st December, 2025\nPage 113\n\n(b) proofs of any evidence which it is proposed to call in support of the charges so\nfar as that evidence is not contained in the committal documents; and\n\nthe application shall embody a statement that the evidence shown by the proofs and\n(except so far as may be expressly stated to the contrary in the application) the\nevidence shown by the committal documents, will be available at the trial and that the\ncase disclosed by the committal documents and proofs is, to the best of the\nknowledge, information and belief of the applicant, substantially a true case.\nApplication where person committed for trial\n6.\nWhere the accused has been committed for trial the application shall state why the\napplication is made and shall be accompanied by proofs of evidence which it is\nproposed to call in support of the charges, so far as that evidence is not contained in\nthe committal documents and, unless the committal documents have already been\ntransmitted to the judge to whom the application is made, shall also be accompanied\nby a copy of the committal documents; and the application shall also embody a\nstatement that the evidence shown by the proofs is, to the best of the knowledge,\ninformation and belief of the applicant, substantially a true case.\nJudge\u2019s decision in writing\n7.\nUnless the judge otherwise directs in any particular case, the judge\u2019s decision on the\napplication shall be signified in writing on the application without requiring the\nattendance before the judge of the applicant or of any of the witnesses, and if the\njudge thinks fit to require the attendance of the applicant or of any of the witnesses,\ntheir attendance shall not be in open court.\nApplicant may attend by an attorney-at-law\n8.\nUnless the judge gives a direction to the contrary, where an applicant is required to\nattend as aforesaid, the applicant may attend by an attorney-at-law.\nInspection of committal documents\n9.\nIt shall be the duty of any person in charge of any committal documents to give to\nany person desiring to make an application for leave to prefer an indictment against\na person in respect of whom committal proceedings have taken place, a reasonable\nopportunity to inspect the committal documents and, if so required by the person, to\nsupply the person with copies of the documents or any part thereof.\n\nSCHEDULE 5\nCriminal Procedure Code (2026 Revision)\n\nPage 114\nRevised as at 31st December, 2025\nc\n\nSCHEDULE 5\n(section 85A)\nApplication for Dismissal\n1.\nWhere a person has had a matter transmitted to the Grand Court under section 85A\nof this Act, that person may, on any charge or charges, at any time \u2014\n(a)\nafter that person is served with copies of the document containing the evidence\non which the charge or charges are based; and\n(b) before that person is arraigned and whether or not an indictment has been\npreferred against that person,\napply orally or in writing to the Grand Court for the charge or any of the charges, in\nthe case to be dismissed.\n2.\nThe Judge shall dismiss a charge and accordingly quash any count relating to it in any\nindictment preferred against the applicant, which is the subject of any such\napplication if the Judge is satisfied that the evidence against the applicant would not\nbe sufficient to put the applicant on the applicant\u2019s trial.\n3.\nAn oral application may not be made unless the applicant has given the Grand Court\nwritten notice of that person\u2019s intention to make the application.\n4.\nOral evidence may be given on such an application only with the leave of the Judge\nor by the Judge\u2019s order; and the Judge shall give leave or make an order only if it\nappears to the Judge, having regard to any matters stated in the application for leave,\nthat the interests of justice require the Judge to do so.\n5.\nIf the Judge gives leave permitting, or makes an order requiring, a person to give oral\nevidence, but that person does not do so, the Judge may disregard any document\nindicating the evidence that that person might have given.\n6.\nIf the charge, or any of the charges, against the applicant is dismissed \u2014\n(a)\nno further proceedings may be brought on the dismissed charge or charges\nexcept by means of the preferment of a voluntary bill of indictment; and\n(b) unless the applicant is in custody otherwise than on the dismissed charge or\ncharges, the applicant shall be discharged.\n7.\nThe Grand Court Rules may make provision for the purposes of this Schedule and,\nwithout prejudice to the generality of this Schedule, may make provision \u2014\n(a)\nas to the time or stage in the proceedings at which anything required to be done\nis to be done, unless the court grants leave to do it at some other time or stage;\n(b) as to the contents and form of notices or other documents;\n(c)\nas to the manner in which evidence is to be submitted; and\n\nCriminal Procedure Code (2026 Revision)\n\nSCHEDULE 5\n\nc\nRevised as at 31st December, 2025\nPage 115\n\n(d) as to persons to be served with notices or other material.\nPublication in consolidated and revised form authorised by the Cabinet this 28th\nday of January, 2026.\nKim Bullings\nClerk of Cabinet\n\nCriminal Procedure Code (2026 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2025\nPage 117\n\nENDNOTES\nTable of Legislation history:\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\n\n6\/2025\nCriminal Procedure Code (Amendment) Act, 2025\n19-Feb-2025\nLG15\/2025\/s5\n\nCriminal Procedure Code (2021 Revision)\n22-Jan-2021\nLG7\/2021\/s5\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n35\/2020\nCivil Partnership Law, 2020\n40Sep-2020\nLG64\/2020\/s1\n\n24\/2020\nCriminal Procedure Code (Amendment) Law, 2020\n22-May-20\nLG39\/2020\/s7\n\nCriminal Procedure Code (2019 Revision)\n14-Feb-2019\nLG1\/2019\/s6\n\n18\/2018\nCriminal Procedure Code (Amendment) Law, 2018\n13-Aug-18\nG17\/2018\/s16\n\nCriminal Procedure Code (2017 Revision)\n31-May-17\nGE45\/2017\/s2\n\n37\/2016\nCriminal Procedure Code (Amendment) Law, 2016\n5-Dec-16\nG25\/2016\/s2\n\nCriminal Procedure Code (2014 Revision)\n7-Nov-14\nGE83\/2014\/s1\n\n2\/2014\nCriminal Procedure Code (Amendment) Law, 2014\n10-Mar-14\nG5\/2014\/s2\n40\/2013\n\nCriminal Procedure Code Order, 2013 made the 3rd\nDecember, 2013\n11-Dec-13\nGE98\/2013\/s1\n\nCriminal Procedure Code (2013 Revision)\n21-Oct-13\nG21\/2013 s1\n\n22\/2012\nCriminal Procedure Code (Amendment) Law, 2012\n20-Sep-12\nGE91\/2012\/s2\nE1\/2012\n\nErratum: Criminal Procedure Code (Amendment) (No.\n2) Law, 2011\n16-Jan-12\nG3\/2012\/p16\n7\n\n33\/2011\nCriminal Procedure Code (Amendment) (No. 2) Law,\n2011\n16-Jan-12\nG2\/2012\/s3\n\nCriminal Procedure Code (2011 Revision)\n24-Oct-11\nG22\/2011 s6\n\n7\/2011\nCriminal Procedure Code (Amendment) Law, 2011\n1-Feb-11\nGE11\/2011\/s2\n\nCriminal Procedure Code (2010 Revision)\n25-Oct-10\nG22\/2010 s4\n\n12\/2010\nCriminal Procedure Code (Amendment) Law, 2010\n26-Apr-10\nG9\/2010\/s14\n\nCriminal Procedure Code (2006 Revision)\n26-Jun-06\nG13\/2006 s4\n\n20\/2005\nCriminal Procedure Code (Amendment) Law, 2005\n15-Nov-05\nG23\/2005\/s5\n\nCriminal Procedure Code (2005 Revision)\n25-Jul-05\nG15\/2005s4\n\n16\/2003\nCriminal Procedure Code (Amendment) Law, 2003\n22-Aug-03\nGE24\/2003\/s4\n\n19\/2001\nCriminal Procedure Code (Amendment) Law, 2001\n8-Oct-01\nG21\/2001\/s2\n\nENDNOTES\nCriminal Procedure Code (2026 Revision)\n\nPage 118\nRevised as at 31st December, 2025\nc\n\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\n\n17\/2000\nCriminal Procedure Code (Amendment) (Abolition of\nDeath Penalty)Law, 2000\n20-Nov-00\nG24\/2000\/s5\n\n16\/1998\nCriminal Procedure Code (Amendment) Law, 1998\n21-Dec-98\nG26\/1998\/s3\n\n8\/1995\nSubsequent Amendment Youth Justice Law, 1995\n 12-Mar-96\nGE20\/1995\/s1\nE1\/1995\n\nErratum: Criminal Procedure Code (1995 Revision)\n11-Dec-95\nG25\/1995\/p1\n\nCriminal Procedure Code (1995 Revision)\n16-Oct-95\nG21\/1995 s2\n\n7\/1992\nBail Law, 1992\n  7-Sep-92\nG18\/1992\/s1\n\n6\/1991\nCriminal Procedure Code (Amendment) Law, 1991\n6-May-91\nG9\/1991\/s9\n\n9\/1987\n Criminal Procedure Code (Amendment) Law, 1987\n22-Jun-87\nG13\/1987\/s7\n\n3\/1986\nCriminal Procedure (Amendment) Law, 1986\n14-Apr-86\nG8\/1986\/s5\n\n8\/1984\nCriminal Procedure (Amendment) (No. 2) Law, 1984\n23-Jul-84\nG15\/1984\/s5\n\n7\/1984\nCriminal Procedure (Amendment) Law, 1984\n23-Jul-84\nG15\/1984\/s4\n\n28\/1983\n Criminal Procedure Code (Amendment), 1983\n 9-Jan-84\nG1\/1984\/s2\n\n17\/1981\n Criminal Procedure Code (Amendment) Law, 1981\n 2-Nov-81\nG22\/1981\/s3\n\n19\/1979\nPenal Code (Amendment) Law, 1979\n3-Jul-79\nG14\/1979\/s3\n\n17\/1979\n Criminal Procedure Code (Amendment) (No. 2) Law,\n1979\n3-Jul-79\nG14\/1979\/s1\n\n13\/1975\nCriminal Procedure Code, 1975\n3-Sep-75\nG25\/1975\/s2\n\nCriminal Procedure Code (2026 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2025\nPage 119\n\nENDNOTES\nCriminal Procedure Code (2026 Revision)\n\nPage 120\nRevised as at 31st December, 2025\nc\n\n(Price: 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