Criminal Code (Cap. 9), article 370

370. (1) The Court of Magistrates shall be comp etent to try- (a) all contraventions referred to in this Code; (b) all crimes referred to in this Code which are liable to the punishments established for contraventions, to a fine ( multa ) or to imprisonment for a term not exceeding two years with or without the addition of a fine ( multa ) or interdiction; (c) all offences referred to i n any other law which are liable to the punishments established in the preceding paragraph, unless the law provides otherwise. (2) The offences referred to in sub-article (1) shall still be cognizable by the said court notwithstanding that, in view of concurrent offences and punishments, of any previous conviction or of the application of the provisions of article 18, a punishmen t higher than any of the punishments mentioned in the said sub- article shall be applicable. (3) ( a) Notwithstanding the provisions of sub-article (1)( b), the Attorney General may send for trial by the said court any person charged with a crime punishable with imprisonment for a term exceeding two years but no t exceeding twelve years if ther e is no objection on the part of such person. (b) On the demand of the Attorney General to the court to try such crime, the court shall ask the accused whether he objects to his case being dealt with summarily; the court shall, in its discre tion, give a reasonable time to the accu sed to reply to this question . (c) If, within the said time, the accused re plies that there is CRIMINAL CODE [CAP. 9. 249 no objection on his part to the case being tried summarily, the court shall note the reply in the reco rds of the proceedings and ther eupon the court shall become compete nt to try the accused and shall proceed to give judgmen t forthwith, as provided in article 377. (d) If the accused objects to the case being dealt with summarily, the court shall order that the record of the case be transmitted to the Attorney General, by electronic means, withi n the term determined in article 401(3 ), for the case to be dealt wit h according to law. In such case t he term referred to in article 432 for the filing of the indictment shall run from the day on which the At torney General shall be granted access by electronic means to the reco rd of the case. (e) Where the number of the accused sent for trial by the Court of Magistrates under the provisions of paragraph ( a) is two or more, the provisions of the last foregoing paragraph shall appl y only in respect of any one or more of the accused who makes objection to the case being dealt with summarily, and in such c ase the term fixed in article 432 fo r the filing of the indictment shall run from the day on which the At torney General shall have recei ved the record of the case after the decision in each of the cases dealt with summarily shall have become res judicata. (f) Before asking the accused whether he objects to his case being dealt with summarily, as provided in paragraph ( b), the court shall hear such further evidence as may be indicated by t he Attorney General in the same note by which he sends the person charged for trial by the said c ourt in accordance with paragrap h (a). (4) ( a) Notwithstanding the provisions of sub-article (1)( b), if the crime with which the accused is charged is punishable with imprisonment for a term exceedi ng two years but not exceeding s ix years, the court shall, during the examination of the accused u nder article 392 but before he is examined under sub-article (1)( b) of that article, ask the accused whether he objects to his case be ing dealt with summarily; and sha ll give him a reasonable time to r eply to this question. (b) If, within the said time, the accused replies that there is no objection on his part to the case being dealt with summarily , the court shall ask the prosecuting officer whether the Attorney General has given his consent in writing to the case being deal t with summarily, and if no objection is raised, the court shall note this fact in the records of the proceedings and thereupon the c ourt shall become competent to try the accused and shall proceed accordingly: Provided that nothing in this sub-article shall be construed as precluding the court from pro ceeding with the necessary inqu iry if from the evidence it appears that a graver crime which it ha s no jurisdiction to try has been committed. (4A) Notwithstanding the transitory provision made in article 1 (2) of the Criminal Code (Amendment) Act, 2015 (Act VIII of 2015) , and without prejudice to the oth er provisions of this article, the Court of Magistrates shall be competent to hear and decide all cases concerning crimes punishable with imprisonment not exceeding 250 CAP . 9.] CRIMINAL CODE twelve years which were pending before the said Court prior to the 17th March 2015. (5) The provisions of sub-article (2) shall apply, mutatis mutandis , to the crimes referred to i n sub-articles (3) and (4). (6) The provisions of article 392A shall also apply, mutatis mutandis, to offences which fall within the competence of the Court of Magistrates as a court of criminal judicature in accor dance with the provisions of this article. How jurisdiction is determined. Amended by: IV .1856.25; XI.1900.60; XII.1913.11; XXIII.1963.3; L.N. 46 of 1965; III.1971.14; LVIII.1974.68; XLIX.1981.4; XIII.1983.5; VIII.1990.3; L.N. 407 of 2007.