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Consolidated Acts of Samoa 1996

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Criminal Procedure Act 1972

LAWS OF WESTERN SAMOA


CRIMINAL PROCEDURE


ANALYSIS


TITLE

PART I
PRELIMINARY


1.
Short title and commencement
2.
Interpretation
3.
Application

PART II
PROCEDURE FOR PROSECUTION OF OFFENCES


Arrest


4.
Arrest without warrant
5.
Power to enter premises without warrant to arrest offender or prevent
offence
6.
Warrant to arrest defendant
7.
Power to enter premises to arrest defendant with warrant
8.
Withdrawal of warrant
9.
Duty of persons arresting

Commencement by Information


10.
Commencement of proceedings
11.
Any person may lay an information
12.
Time for laying information
13.
Information to be in prescribed form
14.
Prior consent to prosecution
15.
Information to be for one offence only
16.
Information to contain sufficient particulars
17.
Further particulars
18.
Objections to information
19.
Information to be filed

Summons and Service of Documents


20.
Issue of summons
21.
Service of documents on defendant
22.
Service in particular cases
23.
Language of documents
24.
Who may serve documents on defendant
25.
Proof of service

Taking of Evidence


26.
Evidence of person about to leave Western Samoa
27.
Statement of person dangerously ill
28.
Evidence of witness out of Court

General Provisions as to Trial


29.
Court and place of trial
30.
Transfer of information
31.
Two or more information may be tried together
32.
Two or more defendant may be tried together
33.
Parties to offences
34.
Accessories after the fact and receivers
35.
Withdrawal of information by informant
36.
Amendment of information
37.
Attempt proved when offence charged
38.
Offence proved when attempt charged
39.
Part of charge proved

Commencement of Trial


40.
Who may conduct proceedings against defendant
41.
Presence and appearance of defendant
42.
Powers of Court when defendant does not appear
43.
Powers of Court when informant does not appear
44.
Powers of Court when neither party appears
45.
Dismissal for want of prosecution not a bar to other proceedings
46.
Court to proceed when both parties appear

Pleading


47.
Plea of guilty by notice to Registrar
48.
Plea on defendant being charged
49.
Plea on behalf of corporation
50.
Special place
51.
Evidence of former trail
52.
Pleas of previous acquittal and conviction
53.
Second accusation
54.
Withdrawal of plea of guilty

Conduct of Trial


55.
Admissions
56.
Evidence
57.
Caution and question to defendant not defended by counsel
58.
Evidence to be on oath
59.
Addresses
60.
Adverse comment
61.
Court may prohibit publication
62.
Exclusion of the public

Witnesses



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63.
Summons for attendance of witness
64.
Warrant to arrest witness
65.