Courts and Court Officers Act, 1995
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Amendment of section 79 of Courts of Justice Act, 1924. |
41.— Section 79 of the Courts of Justice Act, 1924 , is hereby amended by the insertion of the following subsections: | |
“(2) On the coming into operation of section 41 of the Courts and Court Officers Act, 1995, where a judge for the time being assigned to a District Court District is unavailable, any judge of the District Court may exercise jurisdiction, subject to subsection (3) of this section, in respect of such District in a criminal case in any place in the State. | ||
(3) A judge of the District Court exercising jurisdiction under subsection (2) of this section shall not have jurisdiction to conduct a preliminary examination under the provisions of the Criminal Procedure Act, 1967 , unless that jurisdiction is exercised in the District Court District— | ||
(a) where the crime was committed, or | ||
(b) where the accused resides or was arrested. | ||
(4) Where a person accused of a criminal offence is before a judge of the District Court in a District other than the District in which the crime has been committed or where the accused resides or was arrested, the judge may, on his or her own motion or on the application of the accused or the prosecution, transfer the case to the District Court District where the offence was committed or where the accused resides or was arrested. | ||
(5) On the coming into operation of section 41 of the Courts and Court Officers Act, 1995, notwithstanding anything contained in section 16 (2) of the Courts Act, 1981 , any judge of the District Court may make an order under the Guardianship of Infants Act, 1964 , where he or she is satisfied that the circumstances require that such an order be made as a matter of urgency.”. |