Committal proceeding is defined in section 2 of Criminal Procedure Act, Cap 20. It means proceedings held by a subordinate court with a view to the committal of an accused to the High Court. It is governed by provision of sections 243,244 and 245 of Criminal Procedure Act. It is held when a person is charged with an offence not triable by courts subordinates to the High Court.
In committal proceedings the Magistrate reads over and explains to the accused the charges, but such accused is not required to plead no make any reply to the charges. After reading over and explaining to the accused the charge(s) the Magistrate is required to tell the accused that this is not your trial and then such accused will be committed in a remand prison or on bail, as the case may be. When investigation is complete a police officer or public will send statement of witnesses together with police case file to DPP who if no satisfied may enter nolle proseque or if satisfied he will draw an information that will be filed in the High Court.
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