SEYCHELLES CAPITAL OFFENCES Order In Council, 1903.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1903/5002 |
1903 Unnumbered
SEYCHELLES
(2) Capital Offences
THE SEYCHELLES CAPITAL OFFENCES ORDER IN COUNCIL, 1903.PRESENT,
The King's Most Excellent Majesty.
Lord President.
Earl of Kintore.
Lord Balfour of Burleigh.
Whereas by an Order of Her late Majesty in Council, bearing date the 6th day of February, 1892, the short title of which is "The Seychelles Capital Offences Order in Council, 1892", it was provided that Capital Offences should be tried and sentences of death executed in the Seychelles Islands:
And whereas by an Ordinance of the Legislature of the Seychelles Islands enacted in 1892, the short title of which is "The Assessors' List Preparation Ordinance, 1892", and by an Ordinance enacted in the year 1898, the short title of which is "The Seychelles Capital Offences Order in Council Amendment Ordinance, 1898", the said Order in Council of the 6th February, 1892, was amended:
And whereas His Majesty has this day been pleased, by and with the advice of His Privy Council, to direct that Letters Patent be passed under the Great Seal of the United Kingdom of Great Britain and Ireland, making provision for erecting the Seychelles Islands into a separate Colony, and constituting the Office of Governor and Commander-in-Chief thereof:
And whereas it is expedient to revoke and re-enact the said Order in Council of the 6th February, 1892, as amended by the aforesaid Ordinances of the Legislature of Seychelles Nos. 5 of 1892 and 4 of 1898:
Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:
I
PRELIMINARY
1. This Order may be cited as "The Seychelles Capital Offences Order in Council, 1903".
2.—(1) The Order in Council of 6th February, 1892, (The Seychelles Capital Offences Order in Council, 1892), (2) the Seychelles Ordinance No. 5 of 1892 ("The Assessors' List Preparation Ordinance, 1892"), and (3) the Seychelles Ordinance No. 4 of 1898 ("The Seychelles Capital Offences Order in Council Amendment Ordinance, 1898"), are hereby respectively revoked and repealed.
Provided that such revocation and repeal shall not affect any thing duly done or suffered under or by virtue of the said Order and Ordinances respectively.
Provided further that references in any unrepealed law, Ordinance, or enactment to the provisions of the Order and Ordinances so repealed shall be construed as references to the corresponding provisions of this Order.
3. In this Order;
(i) "Colony" and "Seychelles" means the Islands and Archipelago of the Seychelles as defined under the aforesaid Letters Patent, erecting the Seychelles Islands into a separate Colony.
(ii) "Governor" means the Governor or the Officer for the time being administering the Government of Seychelles.
(iii) "Inspector of Police" means the Officer for the time being at the head of the Police Force in Seychelles.
(iv) "Court of Assize" and "Court" means the Court of Assize for Seychelles.
(v) "Crown Prosecutor" and "Public Prosecutor" means the law officer who by virtue of his office is entrusted with the direction of prosecutions, or, if there is no such officer, any person appointed by the Governor to conduct any prosecution before the Court of Assize and act as Crown Prosecutor in any particular case.
(vi) "Capital Offence" means any offence for which the penalty of death is provided in any law for the time being in force in Seychelles.
(vii) "Judge of Seychelles" includes the Officer for the time being holding the office of Chief Justice of the Supreme Court of Seychelles.
(viii) "Judge" means the Judge of Seychelles or person replacing him by virtue of this Order in Council.
(ix) "Registrar" means the Officer for the time being holding the office of Registrar of the Supreme Court of Seychelles.
(x) "Registry" means the Registry of the Supreme Court of Seychelles.
(xi) "Prisoner" means any person charged with the commission of a capital offence in Seychelles.
(xii) "Gazette" means the Seychelles Government Gazette.
II
CONSTITUTION OF COURT AND PROCEEDINGS AFTER COMMITMENT
4. Any person or persons charged with having in the Colony committed any capital offence, whether such offence shall have been committed before or after the commencement of this Order, may be tried under this Order in the town of Victoria, in the Island of Mahé, one of the Seychelles Islands; and the sentence passed after conviction upon such person or persons may be carried into execution in the Colony.
5. There shall be, as heretofore, a Court for the trial in the aforesaid town of Victoria of Capital Offences committed in the Colony; such Court shall be styled, as heretofore, the Court of Assize for Seychelles, and shall be composed of:
(i) The Chief Justice of Seychelles who shall be President of the Court.
(ii) Not less than four and not more than eight Assessors to be chosen as hereinafter provided.
6. The Court shall be a Court of Record and shall hold its sittings publicly at the Court House or such other place as may be fixed by the Governor in the town of Victoria.
7. The Court shall have jurisdiction to hear and determine all questions on or connected with any charge or trial pending before it for a capital offence, and to discharge, commit, or remand to prison any prisoner charged before it, and to pass sentence according to law.
All questions of law shall be determined by the Judge. All questions of fact shall, unless otherwise provided by this Order, be determined by the unanimous verdict of the Court or by the verdict of a majority of the members thereof.
8. Oral proceedings before the Court may be conducted either in the English or in the French language.
9. The Judge shall not be challenged as a member of the Court, and shall not abstain from sitting in the Court on any ground other than personal interest or relationship by consanguinity or affinity to the prisoner or to the person against whom the capital offence was committed. All such challenges shall be filed in the Registry at least three days before the date fixed for the trial, and shall be dealt with in the same manner as other challenges against the Judge of Seychelles.
In case the Judge of Seychelles cannot sit in the Court of Assize for any of the above reasons he shall be replaced by the Registrar, or by such fit and proper person in the Colony as may be appointed by the Governor, or, failing such person, by a Barrister or Advocate from Mauritius or some other possession, and who shall likewise be appointed by the Governor.
Provided that no Barrister or Advocate shall be so appointed who has not been admitted to practice in one of the Superior Courts of the United Kingdom for at least three years.
Provided further that in case the Registrar is appointed under this clause to replace the Judge of Seychelles, he shall be replaced in the manner provided for in clause 10 following.
10. The person for the time being holding the office of Registrar of the Supreme Court of Seychelles shall be the Registrar of the Court of Assize.
In case such Registrar shall at any time before or after the beginning of the trial be prevented by illness or other unavoidable cause from acting as Registrar, it shall be lawful for the Judge to appoint any competent officer of the Court of Seychelles to act in that capacity, and, if no such competent officer is available, a fit person shall be appointed by the Governor.
11. The Ushers of the Court of Seychelles shall act as Ushers, Criers, and Messengers of the Court of Assize.
12. The Judge of the Court of Assize shall when exercising his functions as such and for any act done in such capacity have all the prerogatives and privileges that are vested in and possessed by the King's Bench Division of the High Court of Justice or any Judge thereof presiding at any trial held at the Central Criminal Court or any Assizes in England.
13. The Preliminary Enquiry prior to the commitment of a prisoner for trial for a capital offence may be held by any Magistrate holding office as such in the Colony. In the absence of such Magistrate the Governor shall appoint a fit person to hold such Enquiry.
In case the Registrar is appointed to hold such inquiry, he shall be replaced in the manner provided for in clause 10 of this Order.
14. Whenever any prisoner shall be committed for trial on a charge of a capital offence in the Colony, he shall be committed for trial before the Court of Assize, and he shall be detained in any prison in the Colony, and the Warrant of Commitment shall be in force until the trial of the prisoner is completed before the said Court or until it has otherwise been lawfully ordered.
15. Immediately after committing a prisoner to trial the Magistrate shall forward the record containing the examination of the prisoner, the depositions of witnesses, and his order of commitment to the Registrar, who shall file the same in the Registry and report the commitment to the Judge.
16. The Judge on receiving such report shall inform the Governor that a prisoner has been committed to trial for a Capital Offence. The Governor thereupon shall instruct the law officer of the Crown entrusted with the direction of prosecutions for the time being to frame and file a Criminal information charging the capital offence.
17. If there is no such law officer as mentioned in the preceding clause the Governor shall appoint a fit person (not necessarily a member of the legal profession) to act as Crown Prosecutor for the purpose of the case, and the person so appointed shall frame and file the Criminal information in such preceding clause mentioned.
18. Such Criminal information shall be signed by the Crown Prosecutor but shall not be on oath and may include such other counts and may charge such other offences as it would be competent for the Public Prosecutor in England to include or charge under an information for a similar offence.
19. Upon such Criminal information being filed the Judge shall fix the first sitting of the Court of Assize, and such...
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