Criminal Procedure Act, 1967
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Decision on preliminary examination. |
8.—(1) If the justice is of opinion that there is a sufficient case to put the accused on trial for the offence with which he has been charged, he shall send him forward for trial. | |
(2) If the justice is of opinion that there is a sufficient case to put the accused on trial for some indictable offence other than that charged, he shall cause him to be charged with that offence, proceed in accordance with section 7 (4), which shall have effect with the omission of the words “if he is sent forward for trial” in paragraph (a), and, unless section 13 applies, send him forward for trial. | ||
(3) Subsections (1) and (2) are subject to the provisions of section 2 of the Criminal Justice Act, 1951 , which relates to minor offences. | ||
(4) If the justice is of opinion that a summary offence only is disclosed, and the Attorney General consents, he shall cause the accused to be charged with the summary offence and deal with the case accordingly. | ||
(5) If none of the foregoing provisions applies, the justice shall order the accused to be discharged as to the offence under examination. | ||
(6) An order of a justice sending an accused person forward for trial shall be in writing signed by the justice. |