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Showing posts with the label Committal

Committal, Nolle Prosequi, joinder of persons, substituted convictions, Bail, Charges

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   CHARGES A charge is defined as a written statement containing as accusation against a person alleged to have committed an offence. In the High Court, this is referred to as an indictment. A charge sheet contains a statement and particulars of an offence. This is provided for in sections 85 and 88 of the Magistrates Courts Act.   General Rules Regarding Charge Sheets A charge sheet commences with the statement of offence. The statement of offence describes the offence in ordinary language avoiding use of technical terms. This was upheld in the case of  COSMA VS R (1955) 22 EACA 450. After the statement are the particulars of the offence. The particulars should be set out in ordinary language in which technical terms are avoided. It must be noted that where a charge contains more than one count, the counts should be numbered consecutively. Court held in  R V. TAMBUKIZA  1958 EA 212; that the final charge is the essence in criminal procedure and the failure of the Magistrate to draw up