Courts of Justice Act, 1936

Power to Attorney-General to send forward for trial.

62.—(1) Where a person is brought before a justice of the District Court charged with an indictable crime, and such charge either cannot lawfully be or is not disposed of summarily by such justice, and such justice refuses to receive informations in relation to such charge or to send such person forward for trial on such charge, then and in every such case it shall be lawful for the Attorney-General to direct that such person be sent forward for trial to a specified Court to which such justice could lawfully have so sent such person.

(2) Whenever the Attorney-General gives a direction under this section that a person be sent forward for trial to any particular Court on any particular charge, the Attorney-General shall cause such direction to be communicated to the district court clerk for the district court area in which such person was brought before the District Court on such charge, and thereupon such direction shall have the same operation and effect in all respects as an order of a justice of the District Court sending such person forward for trial to such Court on such charge would have had, and all persons concerned shall act accordingly

(3) When a direction by the Attorney-General under this section has been communicated to the district court clerk in pursuance of the next preceding sub-section of this section, such district court clerk shall cause to be served on the person to whose trial such direction relates notice in writing stating that the Attorney-General has directed under this section that such person shall be sent forward for trial to a particular Court (which shall be specified in such notice) on a particular charge (which shall be similarly specified) and that such person is required to attend before the said Court at a specified time and place and there to stand his trial on the said charge.

(4) If a person on whom a notice has been served under the next preceding sub-section of this section fails to attend before the Court at the time and place specified in such notice, it shall be lawful for such Court, on proof of the service of such notice on such person not less than seven clear days before the day on which he is thereby required to attend before the said Court and of the service on such person of copies of the relevant depositions and particulars of all additional evidence intended to be adduced by the prosecution on the trial of such person, to issue a bench warrant for the arrest of such person and the bringing of such person before the said Court in custody.