Friday 10 June 2011

THE PRELIMINARY INQUIRY (MISCELLANEOUS PROVISIONS) BILL (No. XII of 2011)

The object of this Bill is to amend the relevant provisions of the Courts Act, the Criminal Procedure Act and the District and Intermediate Courts (Criminal Jurisdiction) Act to provide that the Director of Public Prosecutions may, at his sole discretion, decide whether or not a preliminary inquiry shall be held before a person is made to stand trial before a Judge and a jury.

The Bill once having the force of law shall apply in respect of an offence committed before its commencement. Where a Magistrate has, before the commencement of the Act, started to hear the depositions of any witnesses in a preliminary inquiry, the Director of Public Prosecutions may, under clause 5(2) of the Bill require him not to proceed further with the inquiry.

It should be noted that the Bill does not have a commencement clause and it shall, therefore, apply once it is enacted and published in the Gazette.

Status: First Reading on 24 May 2011.

From: http://www.gov.mu/portal/sites/agolaws/recentact.htm

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