August 11, 1917 (12th Parliament, 7th Session)


Daniel Duncan McKenzie



Under this Act there aTe two things that he can do. The magistrate before whom he comes will have to send him up for trial to the Supreme court. He will have to explain to him that on a certain day the Supreme court is going to sit where he can be tried before a judge and a jury. He will have to say: "You have the option to forego that and be tried before me now if yeu consent to it." The accused says: "I prefer to go to the jury," or,
" I consent to be tried before you." If he says that he consents to be tried before the magistrate, he is tried and whatever the decision of the magistrate taay be there is no appeal from' it. But, if he is tried summarily before a magistrate on an ordinary information, he can appeal in the ordinary way and, of course, the procedure
EMr. Doherty.]
under which a man can appeal is a more popular and a better procedure in small case,g of this kind.

Topic:   XI, 1917
Full View