421ANotice to attend or arrest warrant against person indicted in Supreme Court

421A Notice to attend or arrest warrant against person indicted in Supreme Court

[Section 421A Amended by No. 22 of 2007, s. 24, Applied:01 Feb 2008]

(1)  In this section –

at large means not detained in prison as specified in subsection (2)(c) .

(2)  On the application of a person who has filed an indictment in the Supreme Court under section 420 or 421 in respect of an offence, the Supreme Court –

(a) if the defendant is at large and the applicant requests it, must issue a notice to attend to the defendant ordering him or her to attend before the Supreme Court at the time and place specified in the notice; or

(b) if the defendant is at large but no such request is made, may issue an arrest warrant against the defendant to bring him or her before the Supreme Court; or

(c) if there is proof, on oath, that the defendant is a person at that time detained in a prison in relation to an offence other than that charged in the indictment, must direct the person in charge of the prison to detain the defendant in his or her custody until –

(i) the defendant is lawfully removed from that custody for the purpose of being tried on the indictment; or

(ii) the defendant is otherwise removed or discharged out of that custody by due course of law.

(3)  Subsection (2)(a) and (b) applies in respect of a defendant regardless of whether or not the defendant is bound by a recognizance to appear to answer the indictment.

(4)  A person may not make an application, and the Supreme Court may not proceed, under subsection (2) if the defendant has already attended before the Supreme Court and pleaded to the indictment.