PART VII Solemn Proceedings

Trial

97BF1Acquittals etc. on section 97A(2)(a) submissions

1

This section applies where the accused makes a submission of the kind mentioned in section 97A(2)(a).

2

If the judge is satisfied that the evidence is insufficient in law to justify the accused's being convicted of the indicted offence, then—

a

where the judge is satisfied that the evidence is also insufficient in law to justify the accused's being convicted of a related offence—

i

the judge must acquit the accused of the indicted offence, and

ii

the trial is to proceed only in respect of any other offence libelled in the indictment,

b

where the judge is satisfied that the evidence is sufficient in law to justify the accused's being convicted of a related offence, the judge must direct that the indictment be amended accordingly.

3

If the judge is not satisfied as is mentioned in subsection (2)—

a

the judge must reject the submission, and

b

the trial is to proceed as if the submission had not been made.

4

The judge may make a decision under this section only after hearing both (or all) parties.

5

An amendment made by virtue of this section must be sufficiently authenticated by the initials of the judge or the clerk of court.

6

In this section, “indicted offence” and “related offence” have the same meanings as in section 97A.