Criminal Code (Cap. 9), article 405

405. (1) The court shall, after ordering that the Attorney General be granted access by electronic means to the record of the inquiry and to all the exhibits in the case, after ordering the committal of t he accused for trial, and before the filing of the bill of indictment, upo n the demand in writing of the Attorney General, further examine any witness previously heard or examine any new witness. Attorney General to forward the demand. (2) The Attorney General shall, f or such purpose, transmit to th e court the demand, stating therei n the subject on which the exam ination or re-examination is to take place. Examination of witnesses in presence of accused. (3) The witnesses shall be examined or re-examined in the presence of the accused in order that he may have the opportuni ty of cross-examining them, and, for such purpose, the court shall order the accused, if in custody, to be brought up, and, if not in custody, to be summoned to appear before it. Failure of accused to appear to the summons. (4) If the accused fails to appear to the summons, the witness shall be examined and his deposition shall be considered as if it had been taken in the pr esence of the accused. Re-examination of witnesses or examination of new witnesses upon the demand of accused. Transmission of record to court by Attorney General. Commissioner of Police to be notified. (5) The provisions of the precedi ng sub-articles shall apply in the case of witnesses whom the accuse d may wish to examine or re- examine. In such case, the dema nd shall be communicated to the Attorney General. The court shall then cause the Attorney Gener al or the Commissioner of Police to be notified of the day appointed for the hearing of the witnesses in order that they or any other office r under their charge may if they so desire, appear and cross-examine th e witnesses. Access to scanned record by electronic means to be transmitted to Attorney General. (6) Access by electronic means to the depositions of witnesses taken under this article shall, without delay, be transmitted t o the Attorney General. Time-frame for the indictment when a demand is made by the charged for the re-examination of witnesses or the examination of new witnesses. (7) When the demand for the examination of witnesses is made by the person charged, the term for the filing of the indictment s hall commence to run from the day on which access by electronic mean s to the scanned record of the inquiry, together with access by elec tronic means to the depositions of the witnesses so examined, shall be re- transmitted to the Attorney General. (8) The court shall proceed to take any other action or measure relating to the inquiry as may be demanded in writing by the Attorney General. 268 CAP . 9.] CRIMINAL CODE Application for the re- examination of witnesses or the examination of new witnesses made after the filing of the indictment. Amended by: III.1880.5; L.N. 46 of 1965; LVIII.1974.68: XXVII.1975.40; IX.1982.2; VIII.1990.3; V .2022.7.