Related documents
- Is amended by Criminal Procedure Code (Amendment) Act, 2023
- Is amended by Statute Law Revision (Miscellaneous Amendments) (No. 2) Act, 2021
Seychelles
Criminal Procedure Code
Chapter 54
- Commenced on 1 February 1955
- [This is the version of this document as it was at 1 June 2020 to 11 November 2021.]
Part I – Preliminary
1 Short title
This Act may be cited as the Criminal Procedure Code (hereinafter called this Code).2. Interpretation
In this Code, unless the context otherwise requires—"advocate" means a barrister or attorney admitted to practice in the Supreme Court;"cognizable offence" means any offence for which a police officer may in accordance with the third schedule or under any law for the time being in force, arrest without warrant;"court of Appeal" means the Court of Appeal for Seychelles constituted under section 70 of the Constitution;"judicial officer" means a Judge, a Senior Magistrate, a Magistrate, a Justice of the Peace or the Registrar;"Magistrate" includes a Senior Magistrate;"Magistrates’ Court" means a court presided over by a Senior Magistrate or a Magistrate;"non-cognisable offence" means an offence for which a police officer may not arrest without a warrant;"officer in charge of a police station" includes any officer superior in rank to an officer in charge of a police station and also includes, when the officer in charge of a police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable, or when the President so directs, any other police officer so present;"police officer" includes any member of the Police Force;"police station" means a post or place appointed by the Commissioner of Police to be a police station;"public prosecutor" means any person appointed under section 63 and includes the Attorney General and any person acting under the directions of the Attorney General;"Registrar" means the Registrar of the Supreme Court and includes the Assistant Registrar;"summary trial" means a trial held by the Supreme Court or the Magistrates’ Court under Part VI.3. Trial of offences
Part II – Powers of courts
4. Offences by what court triable
Subject to the other provisions of this Code, any offence under the Penal Code or under any law other than the Penal Code may be tried—5. Sentences which Supreme Court may pass
The Supreme Court may pass any sentence authorised by law.6. Sentences which Magistrates’ Court may pass
7. Committal for sentence
8. Combination of sentences
9. Sentences in case of conviction of several offences at one trial
Part III – General provisions
Arrest, escape and retaking
Arrest generally
10. Arrest. How made
11. Search of place entered by person sought to be arrested
12. Power to break open doors, etc., for purposes of liberation
Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.13. No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.14. Search of arrested persons
Whenever a person is arrested—15. Power of police officer to detain and search boats, vehicles, and persons in certain circumstances
Any police officer may stop, search and detain any vessel, boat or vehicle in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found and also any person who may be reasonably suspected of having in his possession or conveying in any manner anything stolen or unlawfully obtained.16. Mode of searching women
Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.17. Power to seize offensive weapons
The officer or other person making any arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons to taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.Arrest without warrant
18. Arrest by police officer without warrant
Any police officer may, without an order from a judicial officer and without a warrant, arrest—19. Procedure when police officer deputes subordinate to arrest without warrant
When any officer in charge of a police station requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.20. Refusal to give name and residence
21. Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before the Judge or a Magistrate or before an officer in charge of a police station and sections 100 and 101 shall apply to such person.22. Arrest by private person
23. Disposal of person arrested by private person
24. Detention of persons arrested without warrant
When any person has been taken into custody without a warrant for an offence other than murder or treason, the officer charge of the police station to which such person shall be brought may in any case and shall, if it does not appear practicable to bring such person before an appropriate court within twenty-four hours after he was so taken into custody, inquire into the case, and unless the offence appears to the officer to be of a serious nature, release the person on his executing a bond, with or without sureties, for a reasonable amount to appear before a court at a time and place to be named in the bond; but where any person is retained in custody he shall be brought before a court as soon as practicable and sections 100 and 101 shall apply to that person:Provided that an officer in charge of a police station may release a person arrested on suspicion on a charge of committing any offence, when after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.25. Police to report apprehensions
Officers in charge of police stations shall report to the Commissioner of Police the case of all persons arrested without warrant within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.26. Offences committed in judicial officers’s presence
When any offence is committed in the presence of a judicial officer, he may himself arrest or order any person to arrest the offender, any may thereupon, subject to the provisions herein contain as to bail, commit the offender to custody.27. Arrest by judicial officer
A judicial officer may at any time arrest or direct the arrest in his presence of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.Escape and retaking
28. Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Seychelles.29. Provisions of sections 11 and 12 to apply to arrests under section 28
The provisions of sections 11 and 12 shall apply to arrests under section 28, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.30. Assistance to judicial or police officer
Every person is bound to assists a judicial or police officer reasonably demanding his aid —30A. Interpretation
30B. Taking of sample from person in custody
30C. Taking of sample from person on bail
30D. Sample and use of sample
30E. Photograph
Prevention of offences
31. Security for keeping the peace
Whenever the Judge or a Magistrate is informed that any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the judicial officer may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the judicial officer thinks fit to fix.32. Security for good behaviour from persons disseminating seditious matters, etc.
Whenever the Judge or a Magistrate has information that there is any person who, either orally or in writing or in any manner, disseminated or attempts to disseminate, or in any wise abets the dissemination of—33. Security for good behaviour from vagabonds and suspected persons
Whenever the Judge or a Magistrate receives information—34. Security for good behaviour from habitual offenders
Whenever the Judge or a Magistrate receives information that any person—35. Fiat of Attorney General to proceed under sections 32, 33 or 34
Where the Judge or a Magistrate has or receives information under section 32, section 33 or section 34 no further proceedings in respect thereof shall be taken without the consent of the Attorney General.36. Order to be made
When a judicial officer acting under section 31, section 32, section 33 or section 34 deems it necessary to require any person to show cause under such section, he shall make an order in writing setting forth—37. Procedure in respect of person present in court
If such person in respect of whom such order is made is present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.38. Procedure in respect of person not present in court
If such person is not present in court, the Judge or Magistrate, shall issue a summons requiring him to appear, or, when such person is in custody, warrant directing the officer in whose custody he is to bring him before the court:Provided that whenever it appears to such Judge or Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the judicial officer), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the judicial officer may at any time issue a warrant for his arrest.39. Copy of order to accompany summons or warrant
Every summons or warrant issued under section 38 shall be accompanied by a copy of the order made under section 36 and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with or arrested under the same.40. Power to dispense with personal attendance
The Judge or Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by an advocate.41. Inquiry as to truth of information
42. Order to give security
43. Discharge of person informed against
If on an inquiry under section 41 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the judicial offer shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.Proceedings in all cases subsequent to order to furnish security
44. Commencement of period for which security is required
45. Contents of bond
The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or aiding, abetting counseling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.46. Power to reject sureties
The Judge or a Magistrate may refuse to accept any surety offered under any of the preceding sections on the ground that, for reasons to be recorded by him, such surety is an unfit person.47. Procedure on failure of person to give security
48. Release of persons imprisoned for failure to give security
Whenever a Magistrate is of opinion that any person imprisoned for failing to give security may be released without hazard to the community, such Magistrate shall make an immediate report of the case for the orders of the Supreme Court, and such Court may, if it thinks fit, order such person to be discharged.49. Power of Supreme Court to cancel bond
The Supreme Court may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court.50. Discharge of sureties
Preventive action of the police
51. Police to prevent breaches of the peace or cognizable offences
Every police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, a breach of the peace or the commission of any cognizable offence.52. Information of design to commit such offences
Every police officer receiving information of a design to commit any cognisable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognisance of the commission of any such offence.53. Arrest to prevent such offences
A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a judicial officer and without a warrant, the person so designing if it appears to such officer that the commission of the offence cannot otherwise be prevented.54. Prevention of injury to public property
A police officer may of his own authority interpose to prevent any injury to be committed in his view to any public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.Part IV – Provisions relating to all criminal investigations
Place of inquiry or trial
55. General authority of courts
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Seychelles or a place where the Republic has jurisdiction or which according to law may be dealt with as if it had been committed within Seychelles or a place where the Republic has jurisdiction and to deal with the accused person according to its jurisdiction.56. Place of inquiry or trial
Every court may inquire into or try any offence subject to its jurisdiction at any place where it has power to hold sittings.57. Place and date of sittings of Supreme Court
58. Courts to be open
Subject to sections 58A and 58ª, the place in which a court is held for the purpose of inquiring into or trying an offence shall be deemed an open court to which the public generally may have access, so far as the same can conveniently contain them.58A. Proceedings in camera
A court in a criminal proceeding in relation to a sexual offence or an offence against decency or morality before it —58B. Proceedings in camera in certain cases
Subject to section 58A, a court may, in relation to a criminal proceeding before it, direct—58C. Restriction on publication
59. Power of Supreme Court to change venue
Control in criminal proceedings by the Republic
60. Attorney General
61. Nolle prosequi
61A. Conditional offer by Attorney-General
62. Criminal informations by the Attorney General
Appointment of public prosecutors and conduct prosecutions
63. Appointment of public prosecutors
64. Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal; and if any private person instructs an advocate to prosecute in any such case the public prosecutor may conduct the prosecutions, and the advocate so instructed shall act therein under his directions.65. Withdrawals in trials before subordinate courts
In a trial before any court a public prosecutor may, with the consent of the court or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of any person; and upon such withdrawal—66. Permission to conduct prosecution
Institution of proceedings
Making of complaint
67. Institution of proceedings
Proceedings may be instituted either by the making of a complaint or by the bringing before a court of a person who has been arrested without warrant.68. Complaint and charge
69. Issue of summons or warrant
70. Person arrested without warrant, how to be dealt with
Processes to compel the appearance of accused persons
Summons
71. Form and contents of summons
72. Service of summons
73. Service when person summoned cannot be found
74. Procedure when service cannot be effected as before provided
If service in the manner provided by sections 72 or 73 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served.75. Service on company
Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the chief officer of the corporation in Seychelles. In the latter case service shall be deemed to have been effected when the letter would arrive in ordinary course of post.76. Proof of service
77. Power to dispense with personal attendance of accused
Warrant of arrest
78. Warrant in case of absconding, etc,.
79. Warrant on disobedience to summons
If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 77 the court or the Master of the Supreme Court may issue a warrant to apprehend him and cause him to be brought before such a court. But no such warrant shall be issued unless a complaint has been made upon oath.80. Form, contents and duration of warrants
81. Power to direct security to be taken
82. Warrants, to whom directed
83. Execution of warrant directed to police officer
A warrant directed to any police officer may also be executed by any other police officer whose name is indorsed upon the warrant by the officer to whom it is directed or indorsed.84. Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to he person to be arrested and, if so required, shall show him the warrant.85. Persons arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 81 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person.86. Where warrant may be executed
A warrant of arrest may be executed at any place in Seychelles.87. Irregularities in warrant
Any irregularity or defect in the substance or from of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at any inquiry or trial shall not affect the validity of any proceedings at or subsequent to the hearing of the case, but if any such variance appears to the court to be such that the accused has been thereby deceived or misled, such court may, at the request of the accused, adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him to bail.Publication and attachment
88. Publication of notice for absent person
89. Attachment of property
90. Restoration of attached property
Miscellaneous provisions regarding processes
91. Power to take bond for appearance
Where any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court.92. Arrest for breach of bond
When any person who is bound by any bond taken under this Code to appear before a court does not so appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him.93. Power of court to order prisoner to be brought before it
94. Provisions of this part generally applicable to summonses and warrants
The provisions contained in this part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.Search warrants
95. Power to issue search warrant
Where it is proved on oath to a judicial officer that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence is in any building, ship, carriage, box, receptacle or place, the judicial officer may by warrant (called a search warrant) authorise a police officer or other person therein named to search the building, ship, carriage, box, receptacle or place (which shall be named or described in the warrant) for any such thing and, if anything search for be found, to seize it and carry it before a court to be dealt with according to law.96. Execution of search warrant
Every search warrant may be issued on any day (including Sunday) and may be executed on any day (including Sunday) between the hours of sunrise and sunset but the judicial officer may, by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.97. Person in charge of closed place to allow ingress
98. Detention of property seized
99. Provisions applicable to search warrants
The provisions of section 80(1) and (3), 82, 83 and 86, shall, so far as may be, apply to all search warrants issued section 95.Provisions as to bail
100. Right to be released
101. Remand by court
102. Discharge from custody of person bailed
103. Deposit instead of recognizance
When any person is required by any court or officer to execute a bond, with or without sureties, such court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money of such amount as the court or officer may fix in lieu of executing such a bond.104. Power to order sufficient bail when bail first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they after wards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.105. Discharge of sureties
106. Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.107. Person bound by recognizance absconding may be committed
If it is made to appear to any court, by information on oath that any person bound by recognizance is about to leave Seychelles, the court may cause him to be arrested and may commit him to prison until the trial, unless the court shall see fit to admit him to bail upon further recognizance.108. Forfeiture of recognizance
109. Appeal from and revision of orders
All orders made under section 108 by any Magistrate shall be appealable to and may be revised by the Supreme Court.110. Power to direct levy of amount due on certain recognizance’s
The Supreme Court may direct any Magistrate to levy the amount due on a recognizance to appear and attend at the Supreme Court.Charges and informations
111. Offences to be specified in charge and information with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.112. Joinder of counts in charge or information
113. Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together namely—114. Rules for the framing of charges and informations
The following provisions shall apply to all charges and informations and, notwithstanding any rule of law or practice, a charge or an information shall, subject to the provisions of this Code, not be open to objection in respect of its form or contents if it is framed in accordance with the provisions of this Code—Previous conviction or acquittal
115. Persons acquitted or convicted not to he tried twice for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.116. Person may be tried again on separate charge
A person convicted or acquitted of any offence may afterwards be tried for any other offence with which he might have been charged on the former trial under subsection (1) of section 112 of this Code.117. Consequences supervening or not known at former trial
A person convicted or acquitted of any act causing consequences which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened or were not known to the court to have happened at the time when he was acquitted or convicted.118. Where original court not competent to try subsequent charge
A person convicted or acquitted of any offence constituted by any acts may, notwithstanding such conviction or acquittal, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged.119. Mode of proof of previous conviction or acquittal
Compelling attendance of witnesses
120. Summons for witness
121. Warrant for witness who disobeys summons
If without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring him before the court at such time and place as shall be therein specified.122. Warrant for witness in the first instance
If the court is satisfied by evidence on oath that such person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified.123. Mode of dealing with witness arrested under warrant
When any witness is arrested under a warrant the court may, on his Furnishing security by recognizance to the satisfaction of the court for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish such security, order him to be detained for production at such hearing.124. Power to order production of prisoner as witness
125. Penalty for non-attendance of witness
Examination of witnesses
126. Power of court to summon material witness or examine person present
Any court may at any stage of any inquiry, trial or other proceeding under this Code summon or call any person as a witness, or examine any person in attendance though not summoned as a witness or recall and reexamine any person already examined, and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case:Provided that the prosecutor or the advocate for the prosecution or the defendant or his advocate, shall have the right to cross-examine any such person, and the court shall adjourn the case for such time (if any) as it thinks necessary to enable such cross-examination to be adequately prepared if, in its opinion, either party may be prejudiced by the calling of any person as a witness.127. Evidence to be given on oath
Save as otherwise provided every witness in any criminal cause or matter shall be examined upon oath or affirmation, and the court before which any witness shall appear shall have full power and authority to administer the usual oath or affirmation:Provided that the court may at any time, if it thinks it just and expedient (for reasons to be recorded in the proceedings), take without oath the evidence of any person declaring that the taking of any oath whatever is according to his religious belief unlawful, or who by reason of immature age or want of religious belief ought not, in the opinion of the court, to be admitted to give evidence on oath, the fact of the evidence having been so taken also recorded in the proceedings.128. Proof by written statement
129. Proof by formal admission
130. Refractory witnesses
131. Report of government analyst
132. Cases when wife or husband may be called for the prosecution
133. Taking of evidence in absence of accused
133A. Trials in the absence of the accused
134. Competency of accused and husband or wife, as witnesses
Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person:Provided as follows:—135. Procedure where person charged is only witness called
Procedure in case of the lunacy or other incapacity of an accused person
136. Inquiry by court as to lunacy of accused
137. Defence of lunacy at preliminary inquiry
When the accused person appears to be of sound mind at the time of the preliminary inquiry, the court, notwithstanding that it is alleged that at the time when the act was committed in respect of which the accused person is charged he was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, shall proceed with the case and, if the accused person ought, in the opinion of the court, to be committed for trial on information, the court shall so commit him.138. Defence of lunacy at trial
Where any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane so as not be responsible for his actions at the time when the act was done or omission made, then if it appears to the court before which such person is tried that he did the act or made the omission charged but was insane as aforesaid at the time when he did or made the same, the court shall make a special finding to the effect that the accused was guilty of the act or omission charged but was insane as aforesaid when he did the act or made the omission.When such special finding is made the court shall report the case for the order of the President and shall meanwhile order the accused to be kept in custody as a criminal lunatic in such place and in such manner as the court shall direct.The President may order such person to be confined in a mental hospital, prison or other suitable place of safe custody.139. Resumption of trial or inquiry
Whenever any preliminary inquiry or trial is postponed the court may at any time resume the preliminary inquiry or trial and require the accused to appear or to be brought before such court, when, if the court considers him capable or making his defence, the preliminary inquiry or trial shall proceed.But if the court considers the accused to be still incapable of making his defence, it shall act as if the accused were brought before it for the first time.140. Certificate of medical officer of mental hospital as to sanity to be evidence
If an accused person is confined in a mental hospital under the provisions of this Code and the medical officer in charge of such mental hospital certifies that the accused is capable of making his defence, such accused shall be taken before the court at such time as the court appoints to be dealt with according to law, and the certificate of such medical officer shall be receivable in evidence.141. Procedure when accused does not understand proceedings
If the accused, though not insane, cannot be made to understand the proceedings, the court may proceed with the preliminary inquiry or trial; and in the case of a court other than the Supreme Court, if such inquiry results in a committal for trial, or if such trial results in a conviction, the proceedings shall be forwarded to the Supreme Court with a report of the circumstances and the Supreme Court shall pass thereon such order as it thinks fit.Judgment
142. Mode of delivering judgment, convicted person to be informed of right of appeal
143. Contents of judgment
144. Copy of judgment, etc. to be given to accused on application
145. Alternative and additional charges
Where there are more charges than one against the same accused and he has been convicted of one or more of them the person conducting the prosecution, may, with the consent of the court, withdraw the others or the court of its own motion may stay the proceedings on the others. Such withdrawal shall have the same effect as a withdrawal under section 65.Costs and compensation
146. Costs against accused or private prosecutor
147. Republic not to pay costs; power to disallow fees
148. Order to pay costs appealable
An appeal shall lie from any order awarding costs under section 146 if made by a Magistrate to the Supreme Court and if by the Judge to the Court of Appeal. The appellate court shall have power to give such costs of the appeal as it shall deem reasonable.149. Compensation in case of frivolous or vexatious charge
If on the dismissal of any case any court shall be of opinion that the charge was frivolous or vexatious, such court may order the complainant to pay to the accused person a reasonable sum as compensation for the trouble and expense to which such person may have been put by reason of such charge in addition to his costs.150. Recovery of costs and compensation to be specified in order, how recoverable
Sums allowed for costs or compensation awarded under section 146 or section 149 shall in all cases be specified in the conviction or order. If the person who has been ordered to pay such costs or compensation fails so to pay, he shall, in default of distress levied in accordance with section 297, be liable to imprisonment in accordance with the scale laid down in section 28 of the Penal Code unless such costs or compensation be sooner paid:Provided that in no case shall the period of imprisonment imposed under this section exceed three months.151. Power of court to award expenses or compensation out of fine
Disposal of property in possession of the police, forfeiture and restitution of property
152. Disposal of property in possession of police
153. Forfeiture
In addition to nay forfeiture specially provided for by this Code or any other law, the corpus delicti when it is the property of the offender and all the things produced by the offence or which may have been used or were intended to be used for committing an offence, shall on the conviction of the offender become forfeited to the Republic.153A. Interim orders pending application under section 153B
153B. Forfeiture of proceeds of crime
153C. International mutual assistance
A court may, where an application is made under and in accordance with a written law which makes provision for mutual assistance in criminal matters between Seychelles and any other country or jurisdiction, make an order in terms of section 153A orsection 153(1) and (11) and the other provisions of the section shall, in relation to any such order, apply.154. Restitution
155. Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—Conviction for offences other than those charged
156. When offence proved is included in offence charged
157. Person charged with any offence may he convicted of attempt
When a person is charged with an offence, he may be convicted of having attempted to commit that offence, although he was not charged with the attempt.158. Alternative verdict to murder or manslaughter in cases of complicity in another’s suicide
When a person is charged with murder or manslaughter and it is proved that he aided, abetted, counseled or procured the suicide of the person in question, he may be convicted of that offence although he was not charged with it.159. Alternative verdicts in various offences involving the homicide of children
160. Alternative verdict in charge of manslaughter resulting from driving of motor vehicle
When a person is charged with manslaughter in connection with the driving of a motor vehicle by him and the court is of opinion that he is not guilty of that offence, but that he is guilty of an offence under section 24 of the Road Transport Act, he may be convicted of that offence although he was not charged with it.161. Alternative verdict in certain driving offences
When a person is charged with—162. Alternative verdicts in charges of rape and kindred offences
163. Persons charged with burglary, etc., may be convicted of kindred offences
When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of any other offence (mentioned in the said Chapter), he may be convicted of that offence although he was not charged with it.164. Alternative verdicts in charges of stealing and kindred offences
165. Construction of sections 156 to 164 of the Code
The provisions of sections 156 to 164 of this Code, both inclusive, shall be construed as in addition to, and not in derogation of the provisions of any other Act and the other provisions of this Code, and the provisions of sections 157 to 164 of this Code, both inclusive, shall be construed as being without prejudice to the generality of the provisions of section 156 of this Code.Miscellaneous provisions
166. Person charged with misdemeanor not to be acquitted if felony proved unless court so directs
If on ay trial for misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts, unless the court shall think fit, in its discretion, to direct such person to be prosecuted for felony, whereupon such person may be dealt with as if not previously put on trial for misdemeanour.167. Right of accused person to be defended
Any person accused of an offence before any criminal court or against whom proceedings are instituted under this Code in any such court, may of right be defended by an advocate.168. Promotion of reconciliation
In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or any other offence of a personal or private nature not amounting to felony, and not aggravated in degree, on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed or terminated.Part V – Mode of taking and recording evidence in inquiries and trials
General
169. Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate.170. Interpretation of evidence to accused or his advocate
Magistrates’ Court
171. Manner of recording evidence before Magistrate
In inquiries and trials other than trials under section 173 by or before a Magistrate, the evidence of the witnesses shall be recorded in the following manner—172. Remarks respecting demeanor of witness
When a Magistrate has recorded the evidence of a witness he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.173. Procedure in case of minor offences
174. Conviction or commitment on evidence partly recorded by one magistrate and partly by another
Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or trial, ceases to exercise jurisdiction therein and is succeeded, whether by virtue of an order of transfer under the provisions of this Code or otherwise, by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly by himself, or he may resummon the witnesses and recommence the inquiry or trial:Provided that—Supreme Court
175. Manner of recording evidence in Supreme Court
The Chief Justice may from time to time, by rules, prescribe the manner in which evidence shall be taken down in cases coming before the Supreme Court, and the Judge of such court shall take down or cause to be taken down the evidence or the substance thereof in accordance with such rules.Part VI – Procedure in trials before the Supreme Court in its summary jurisdiction and before the Magistrates’ Court
Provisions relating to the hearing and determination of cases
176. Non-appearance of complainant at hearing
If, in any case which a court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear the court shall dismiss the charge, unless for some reason it shall think it proper to adjourn the hearing of the case until some other date, upon such terms as it shall think fit, in which event it may, pending such adjourned hearing, either admit the accused to bail or remand him to prison, or take such security for his appearance as the court shall think fit.177. Appearance of both parties
If at the time appointed for the hearing of the case both the complainant and accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section 77, the court shall proceed to hear the case.178. Withdrawal of complaint
If a complainant, at any time before a final order is passed in any case under this part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, the court may permit him to withdraw the same and thereupon acquit the accused.179. Adjournment
Before or during the hearing of any case, it shall be lawful for the court in its discretion to adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties or their respective advocates then present, and in the meantime the court may suffer the accused person to go at large or may commit him to prison, or may release him upon his entering into a recognizance with or without sureties, at the discretion of the court, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned:Provided that, if the accused person has been committed to prison, no such adjournment shall be for more than fifteen clear days, the day following that on which the adjournment is made being counted as the first day.179A. Use of video link facilities for accused on remand
180. Non-appearance of parties after adjournement
181. Accused to be called upon to plead
182. Procedure on plea of not guilty
If the accused person does not admit the truth of the charge, the court shall proceed to hear the complainant and his witnesses and other evidence, if any.The accused person or his advocate may put questions to each witness produced against him.If the accused person does not employ an advocate the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wished to put any questions to that witness and shall record his answer.183. Acquittal of accused person when no case to answer
If at the close of the evidence in support of the charge, is appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case and shall forthwith acquit him.184. The defence
185. Evidence in reply
If the accused person adduces evidence in his defence introducing new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor to adduce evidence in reply to rebut the said matter.186. Addressing the court
187. Amendment of charge
188. The decision
189. Drawing up conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.190. Order of acquittal bar to further procedure
The production of a copy of the order of acquittal certified by the clerk or other officers of the court, shall without other proof be a bar to any subsequent information or complaint for the same matter against the same accused person.Limitations relating to trials before the Supreme Court in its summary jurisdiction and before the Magistrates’ Court
191. Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence, the maximum punishment for which does not exceed imprisonment for six months and/or a fine of five hundred rupees shall be triable by the Supreme Court in its summary Jurisdiction or the Magistrates’ Court, unless the charge or complaint relating to it is laid within twelve months from the time when the matter is such charge or complaint arose.Part VII – Provisions relating to the committal of accused persons for trial before the Supreme Court
Preliminary inquiry by the Magistrates’ Court
192. Holding of preliminary inquiry
193. Depositions
194. Variance between charge and evidence
No objection to a charge, summons or warrant for defect in substance or in form, or for charge, summons or warrant for defect in the prosecution, shall be allowed; but if any variance appears to the court to be such that the accused person has been thereby deceived or misled, the court may, on the application of the accused person, adjourn the inquiry and allow any witness to be recalled and such questions to be put to him as by reason of the terms of the charge may have been omitted.195. Remand
If, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to adjourn the inquiry, the court may from time to time by warrant remand the accused for a reasonable time, not exceeding fifteen days at any one time, to some prison or otherplace of security. Or, if the remand is for not more than three days, the court may by word of mouth order the officer or person in whose custody the accused person is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the inquiry.During a remand the court may at any time order the accused to be brought before it.The court may on a remand admit the accused to bail.196. Taking statements or evidence of accused person
197. Evidence and address in defence
198. Discharge of accused person
If, at the close of the case for the prosecution, or hearing any evidence in defence, the court considers that the evidence against the accused person is not sufficient to put him on his trial, the court shall forthwith order him to be discharged as to the particular charge under inquiry; but such discharge shall not be a bar to any subsequent charge in respect of the same facts:Provided always that nothing contained in this section shall prevent the court from either forthwith, or after such adjournment of the inquiry as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused person may have been summoned or otherwise brought before it, or which, in the course of the charge so dismissed as aforesaid, it may appear that the accused person has committed.199. Commitment for trial
If the court considers the evidence sufficient to put the accused person on his trial, the court shall commit him for trial to the Supreme Court and shall, until the trial, either admit him to bail or send him to prison for safekeeping. The warrant of such first named court shall be sufficient authority to the officer in charge of any prison.200. Conflict of evidence
Where there is a conflict of evidence, the court shall consider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused.201. Committal
All persons committed for trial by the Magistrates’ Court shall be committed for trial at the Supreme Court.202. Summary adjudication
If, at the close of or during the inquiry, it shall appear to the Magistrates’ Court that the offence is of such a nature that it may suitably be dealt with under the powers possessed by the court, the court may, subject to the provisions of Part VI, hear and finally determine the matter and either convict the accused person or dismiss the charge:Provided that in every such case the accused shall be entitle to have recalled for cross-examination all witnesses for the prosecution whom he has not already cross-examined.203. Complainant and witnesses to be bound over
When the accused person is committed for trial before the Supreme Court, the Magistrates’ Court committing him shall bind by recognizance, with or without surety or sureties, as it may deem requisite, the complainant and every witness to appear at the trial to give evidence, and also to appear and give evidence, if required, at any further examination concerning the charge which may be held by direction of the Attorney General.204. Refusal to be bound over
If a person refuses to enter into such recognizance, the court may commit him to prison or into the custody of any officer of the court, there to remain until after the trial, unless in the meantime he enters into a recognizance. But if after wards, from want of sufficient evidence or other cause, the accused is discharged, the court shall order that the person imprisoned for so refusing to be also discharged.205. Accused person entitled to copy of depositions
A person who has been committed for trial before the Supreme Court shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum, not exceeding fifty cents for every hundred words, or, if the court thinks fit, without payment.The court shall at the time of committing him for trial inform the accused person of the effect of this provision.206. Binding over of witnesses conditionally
207. Inspection and post-mortem examinations
Preservation of testimony in certain cases
208. Taking the depositions of persons dangerously ill
Whenever it appears to any Magistrate that any person dangerously ill or hurt and not likely to recover, is able and willing to give material evidence relating to any offence triable by the Supreme Court, and it shall not be practicable to take the deposition in accordance with the provisions of this Code of the person so ill or hurt, such Magistrate may take in writing the statement on oath, or affirmation of such person, and shall subscribe the same, and certify that it contains accurately the whole of the statement made by such person, and shall add a statement of his reason for taking the same, and of the date and place when and where the same was taken, and shall preserve such statement and file it for record.209. Notices to be given
If the statement relates or is expected to relate to an offence for which any person is under a charge or committal for trial, reasonable notice of the intention to take the same shall be served upon the prosecutor and the accused person, and if the accused person is in custody he may, and shall, if he so requests, be brought by the person in whose charge he is, under an order in writing of the Magistrate, to the place where the statement is to be taken.210. Transmission of statements
If the statement relates to an offence for which any person is then or subsequently committed for trial, it shall be transmitted to the Registrar and a copy thereof shall be transmitted to the Attorney General.211. Use of statement in evidence
Such statement so taken may afterwards be used in evidence on the trial of any person accused of an offence to which the same relates, if the person who made the statement be dead, or if the court is satisfied that for any sufficient cause his attendance cannot be procured, and if reasonable notice of the intention to take such statement was served upon the person (whether prosecutor or accused person) against whom it is proposed to be read in evidence, and he had or might have had, if he had chosen to be present, full opportunity or cross-examining the person making the same.Proceedings after committal for trial
212. Transmission of record to Supreme Court and Attorney General
If the event of a committal for trial the written charge (if any), the depositions, the statement of the accused person, the recognisances of the complainant and of the witnesses, the recognisances of bail, and any documents or things which have been put in evidence, shall be transmitted without delay by the committing court to the Registrar and an authenticated copy of the written charge, the depositions and statement aforesaid shall be also transmitted to the Attorney General.213. Power of Attorney General to direct further investigation
If, after receipt of the authenticated copy of the written charge, the depositions and statement provided for by section 212 and before the trial before the Supreme court, the Attorney General shall be of opinion that further investigation is required before such trial, it shall be lawful for the Attorney General to direct that the original depositions be remitted to the court which committed the accused person for trial, and such court shall thereupon re-open the case and deal with it in all respects as if such person had not been committed for trial as aforesaid.214. Power of Attorney General as to additional witnesses
If, after receipt of the authenticated copy of the depositions and statement as aforesaid and before the trial before the Supreme Court, the Attorney General shall be of opinion that there is, in any case committed for trial, any material or necessary witness for the prosecution or the defence who has not been bound over to give evidence on the trial of the case, the Attorney General may require the Magistrates’ Court which committed the accused for trial to take the depositions of such witness and compel his attendance either by summons or by warrant as hereinbefore provided.215. Attorney General may direct trial by the Magistrates’ Court
If on consideration of the record of the committal proceedings the Attorney General is of opinion that the accused ought to be tried by the Magistrates’ Court for an offence within its jurisdiction he shall give a direction to that effect and the accused shall be tried by the Magistrates’ Court for such offence in accordance with this Code.216. Filing of an information
If, after the receipt of the authenticated copy of the depositions as aforesaid, the Attorney-General shall be of the opinion that the case is one which should be tried upon information before the Supreme Court, an information shall be drawn up in accordance with the provisions of this Code, and when signed by the Attorney General shall be filed in the registry of the Supreme Court.217. Offence with which accused may be charged
In such information the Attorney General may charge the accused person with any offences which in his opinion are disclosed by the depositions either in addition to, or in substitution for, the offences upon which the accused person has been committed for trial.218. Notice of trial
The Registrar shall indorse on or annex to every information filed as aforesaid, and to every copy thereof delivered to the officer of the court or police officer for service thereof, a notice of trial, which notice shall be in the following form, or as near thereto as may be—"A.B."Take notice that you will be tried on the information whereof this is a true copy at the Supreme Court _______ on the ___________ day of _________ 19 _________"219. Copy of information and notice of trial to be served
The Registrar shall deliver or cause to be delivered to the officer of the court or police officer serving the information a copy thereof with the notice of trial endorsed on the same or annexed thereto, and, if there are more accused persons committed for trial than one, then as many copies as there are such accused persons, and the officer of the court or police officer aforesaid shall, as soon as may be after having received the copy or copies of the information, and notice or notices of trial, and three days at least before the day specified therein for trial, by himself or his deputy or other officer deliver to the accused person or persons committed for trial the said copy or copies of the information and notice or notices, and explain to him or them the nature and exigency thereof: and when any accused person shall have been admitted to bail and cannot readily be found, he shall leave a copy of the said information and notice of trial with someone of his household for him at his dwelling-house or with someone of his bail for him, an dif none such can be found, shall affix the said copy and notice to the outer or principal door of the dwelling-house or dwelling-houses of the accused person or of any of his bail.220. Return of service
The officer serving the copy or copies of the information and notice or notices of trial shall forthwith make to the Registrar a return of the mode of service thereof.221. Postponement of trial
222. Informations by Attorney General
All informations drawn up in pursuance of section 216 shall be in name of and signed by the Attorney General and when so signed shall be as valid and effectual in all respects as an indictment in England which has been signed by the proper officer of the court in accordance with the Act entitled the Administration of Justice (Miscellaneous Provisions) Act, 1933.223. Form of information
Every information shall bear date of the day when the same is signed, and with such modifications as shall be necessary to adapt it to the circumstances of each case, may commence in the following form—In the Supreme Court of SeychellesThe _______ day of _____ 19 _____ the Court is informed by the Attorney General on behalf of the Republic that A.B. is charged with the following offence (or offences).224. Procedure for trials on information after committal other than in offences triable by jury
Subject to the provisions of section 225, the procedure for the trial of persons committed by the Magistrates’ Court for trial before the Supreme Court shall be that set out in Part VI, and in sections 247, 248, 251, 252, 253 and 254 of Part VIII.Part VIII – Procedure in trials by jury before the Supreme Court
Trial by jury
225. Offences triable by jury
Every case in which the accused is charged with murder, whether charged only with murder or together with any other offence in the same charge, shall be tried by the Supreme Court with a jury in accordance with this Part.226. Qualifications of jurors
227. Persons ineligible
The following persons shall not be jurors—228. Exemptions from service
A person summoned as a juror may be excused by the court from attendance at a particular trial—229. Jury list
230. Ballot box
When the jury list has been gazetted the Registrar shall cause all the names therein to be written on cards or discs of equal size and placed in a box, to be called the main ballot box, kept by him for that purpose.Empanelling a jury
231. Forming a panel
232. Summons to jurors
233. Default of attendance by juror
234. Attendance of jurors
Procedure at trial
235. Charge and plea
236. Amendment of charge
237. Number of jury
A jury shall consist of nine persons.238. Formation of jury
239. Ground of objections
Any objection to a juror on any of the following grounds if made out to the satisfaction of the court, shall be allowed:—240. Disposal of objections
The court shall rule on every objection taken to a juror and such ruling shall be recorded and shall be final.241. Procedure where jurors insufficient
If the panel is exhausted before a jury has been completely formed the trial shall be adjourned until the attendance of a sufficient number of jurors, selected from the master list in such manner as the court may direct can be procured. The jurors already accepted shall be released until the day fixed for resumption of the trial and those to whom objections have been allowed shall be discharged.242. Foreman of jury
243. Oaths of jurors
244. Release of other jurors
245. Charge of jury
When the jurymen have been sworn or affirmed the Registrar shall give the accused in charge of the jury by saying—Members of the jury, the accused stands charged by the name A.B. for that he, (reciting the words of the charge). Upon this charge he has claimed to be tried. Your duty therefore is to hearken to the evidence and inquire whether he is guilty or not guilty.246. Opening
Counsel for the prosecution shall open the case by stating shortly the nature of the offence and the evidence which he proposes to adduce.247. Evidence for prosecution
248. Statements by the accused
Any statement by the accused recorded by the Magistrate during the proceedings for committal may be read as evidence either for the prosecution or for the defence.249. Close of prosecution
250. Opening defence
Counsel for the accused may, if he so desired, open the case for the defence.251. Evidence of accused
252. Other defence witnesses
253. Order of defence witnesses
254. Rebutting evidence
If the evidence for the defence introduces new matter which the prosecution could not, with reasonable diligence, have foreseen the court may allow the prosecution to adduce evidence in reply to rebut such matter.A witness called in rebuttal may be a previous witness recalled or a new witness.255. Final addresses
After the close of the evidence for the defence and in rebuttal, if any, the addresses to the court shall be in the following order:—256. Absence of a juryman
257. Incapacity of accused
If the accused becomes incapable of remaining at the bar the jury may be discharged.258. Jury may withdraw during arguments
Whenever a point of law is to be argued by counsel the jury may remain in court, or withdraw, as the judge directs.259. View by jury
If in the course of a trial the Judge considers it expedient that the jury should have a view of any place or thing the Judge may direct that view to be had.260. When a juryman may testify
If a juryman is personally acquainted with any relevant fact he shall so inform the Judge, whereupon he may be sworn and examined in the same manner as any other witness and the provisions of section 256 shall apply.261. Adjournment
When a trial is adjourned the jury shall attend on the resumption and at every subsequent sitting until discharged.262. When jury to be kept together
263. Court may allow refreshment for jury
Whenever the jury are kept together during an adjournment or retirement and the Judge considers that they should be allowed refreshment reasonable refreshment shall be provided at the public expense and served under the supervision of an officer of the court.264. Summing up
265. Province of judge
266. Province of jury
267. Retirement to consider verdict
268. Delivery of verdict
When the jury have considered their verdict they shall return into court and the foreman shall inform the Judge what their verdict is and whether it is unanimous.269. Procedure where jury not agreed
270. Recording verdict
271. Decision where no majority
Procedure after verdict
272. Procedure on conviction
273. Procedure on acquittal
274. Discharge of jury
When the prisoner has been acquitted, sentenced or remanded the jury shall be discharged.275. Verdict in case of unsound mind
Where evidence has been given tending to show that the prisoner was insane at the time of the commission of the offence charged and the prisoner is acquitted the jury shall, under the direction of the Judge, deliver a special verdict stating whether they find that the prisoner committed the act charged and, if he did commit it, whether they find that he was not criminally responsible for that act by reason of insanity within the meaning of the Penal Code and where the jury so find, either unanimously or by a majority, or where there is no majority and the Judge so finds, the verdict shall be deemed to be not guilty on the ground of insanity and the court shall order the prisoner to be detained in custody during the President’s pleasure and thereafter he shall be detained in such custody as the President shall from time to time direct.276. Procedure after sentence of death
277. Powers of Governor
278. Insanity of convicted prisoner
If a prisoner under sentence of death becomes insane, execution shall be respited and the prisoner shall be detained in such custody as the President shall from time to time direct.279. Rules and scales of allowances
Part IX – Sentences and their execution
Sentence of death
280. Accused to be informed of right to appeal
Other sentences
281. Warrant in case of sentence of imprisonment
A warrant under the hand of the Judge or Magistrate by whom any person shall be sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Seychelles, shall be issued by the sentencing Judge or Magistrate, and shall be full authority to the officer in charge of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death. Subject to the provisions of section 26 of the Penal Code every sentence shall be deemed to commence from, and to include, the whole of the day of the date on which it was pronounced except where otherwise provided in this Code.282. Suspended sentences of imprisonment
283. Power of court on conviction of further offence to deal with suspended sentences
284. Court by which suspended sentences is to dealt with
285. Discovery of further offences
286. Breach of condition
If, during the operational period of a suspended sentence, an offender is guilty of the breach of any condition imposed on him by a court under section 282(3)(a), he shall be liable to be dealt with as if, during such period, he had been convicted of an offence punishable with imprisonment.287. Interpretation
In section 282, 283, 284, 285 and 286—"court" includes the Supreme Court and the Magistrates’ Court;"excepted offence" means an offence declared to be an excepted offence by the Seventh Schedule;"operational period", in relation to a suspended sentence, means the period specified in an order made under section 282(1).288. Amendment of Seventh Schedule
The People’s Assembly may, by resolution, from time to time, alter, amend, add to or delete from the Seventh Schedule.289. Meaning of words, "or", "and" and "together with" in penal clauses
Whenever under any enactment now in force or under any future enactment several penalties are provided for any offence, the use of the word "or" shall signify that the penalties are to be inflicted alternatively; the use of the word "and" shall signify that the penalties may be inflicted alternatively or cumulatively; and use of the words "together with" shall signify that the penalties are to be inflicted cumulatively.290. Costs to be borne by the Republic in certain cases
When a criminal prosecution shall have been instituted by a private individual and shall have resulted in the conviction of the accused, it shall be lawful for the court to certify in writing upon the record that in its opinion the prosecution has been of material benefit to the public and thereupon the fees of court already paid by such person shall be refunded to him, and such person shall not be liable for the costs of witnesses whom, in the opinion of the court, it was proper to summon in connection with such case, but such costs shall after due taxation be paid by the Republic.291. Recovery of costs from complainant when charge is dismissed
Where any criminal charge is dismissed by any court, the court may, if it shall deem fit, order that the taxed costs duly incurred by the defendant be borne, in whole or in part, by the complainant other than the Republic, and thereupon the said costs may be recovered from the complainant in the same manner as any civil claim for which the creditor shall have obtained a judgment in his favour.292. Liability of several persons jointly convicted
Where several persons shall be prosecuted before any court under one complaint, and shall be convicted, each person shall be individually responsible for the fine imposed upon him, and for such part of the costs as shall have been apportioned to him by such court.293. Prescription after five years
All claim to shares of fines and forfeitures accruing to any informer or detecting officer shall be barred after five years reckoning, in the case of a fine, from the payment of the fine to the account of the Government by or for the party condemned to pay it and, in case of forfeitures, from the payment of the proceeds and articles forfeited to the said account.294. Sentence of imprisonment in default, etc.
In every case where an offender is found guilty and according to the nature of the offence is duly sentenced to a fine with or without costs or to a fine with or without costs together with imprisonment, it shall be competent to the court which sentences such offender to direct by the sentence that in default of payment of the fine and costs, the offender shall suffer imprisonment for a certain term. Such imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may have been liable under a commutation of a sentence.295. Limit of imprisonment in default
296. Payment of fines
297. Warrant for levy of fine, etc.
298. Objection to attachment
299. Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may if it thinks fit, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.300. Payment in full after commitment
Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter.301. Part payment after commitment
302. Who may issue warrant
Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence or by a Judge or Magistrate of the same court.Previously convicted offenders
303. Power to subject to police supervision
304. Requirements from persons subject to police supervision
305. Failure to comply with requirements
If any person subject to supervision who is at large in Seychelles refuses or neglects to comply with any requirement prescribed by section 304 or by any rule made thereunder, such person shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months.306. Powers of Supreme Court to impose extended sentences of imprisonment
When a person—Defects in order or warrant
307. Errors and omissions in orders and warrants
The court may at any time amend any defect in substance or in form in any order or warrant, and no omission or error as to time and place, and no defect in form in any order or warrant given under this Code shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment, and there is a valid conviction or judgment to sustain the same.Part X – Appeals
Appeals from the Magistrates’ Court
308. Appeal to Supreme Court
309. No appeal on plea of guilty or in petty cases
310. Procedure on appeal
311. Appellant in prison
312. Sending for record
After the filing of the memorandum of appeal, if the record of the case is not already in the Supreme Court, the Registrar shall send for such record.313. Summary rejection of appeal
314. Fixing of appeal
If the Supreme Court does not dismiss the appeal summarily, the appeal shall be set down for hearing by the Registrar on a date to be fixed by him.315. Order of Registrar to be served on respondent
The order of the Registrar fixing the appeal together with a copy of the notice and memorandum of appeal shall be served upon the respondent and, where the respondent is a public prosecutor, upon the Attorney General, at the expense of the appellant not later than seven clear days before the day fixed for the hearing.316. Powers of Supreme Court
After hearing the appellant or his advocate, if he appears, and the Attorney General, if he appears, the Supreme Court may, if it considers that there is not sufficient ground for interfering, dismiss the appeal, or may—317. Order of Supreme Court to be certified to lower court
318. Admission to bail or suspension of sentence pending appeal
319. Further evidence
320. Powers to reserve question of law
It shall be lawful for the Magistrate irrespective of any appeal or whether a case is appealable or not to reserve for the consideration of the Supreme Court any point of law arising during any proceeding in the court or on which the said Magistrate may entertain a doubt as to the correctness of his decision. The question of law so reserved shall be stated in the form of a case prepared and signed by the Magistrate himself, and such case shall be transmitted to the Judge:Provided that nothing herein contained shall exempt the Magistrate from giving his own judgment on such questions.321. Cases reserved, now dealt with
Whenever a case shall have been so reserved and stated by the Magistrate upon an order of the Supreme Court, the execution of the Judgment shall be stayed until the decision of the Supreme Court has been delivered. Any person under detention shall be released on sufficient bail to be furnished before the Magistrate pending the consideration by the Supreme Court of any point reserved.322. Cases may be sent back for amendment
The Supreme Court shall have power if it thinks fit, to return the case for amendment and thereupon the same shall be amended accordingly and judgment shall be delivered after it shall have been so amended.323. Judgment of appellate court, how enforced
After the decision of the Supreme Court, the Magistrate shall cause the judgment of the Supreme Court to be enforced as if it were a judgment of the Supreme Court to be enforced as if it were a judgment of his own court and as if the same had not been appealed against.324. Costs of appeal, how recovered
When the Supreme Court has allowed costs of appeal, such costs when taxed by the Registrar, shall, be recovered by execution in the Magistrates’ Court.325. Abatement of appeals
Every appeal from the Magistrates’ Court (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.326. Appeals to Court of Appeal
327. Admission to bail pending appeal
The Judge may, in his discretion, in any case in which an appeal from a decision of the Supreme Court in its appellate jurisdiction to the Court of Appeal is filed, grant bail pending the hearing of such appeal.Revisions
328. Power of Supreme Court to call for records
The Supreme Court may call for and examine the record of any criminal proceedings before the Magistrates’ Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of the Magistrates’ Court.329. Power of Supreme Court on revision
330. Discretion of court as to hearing parties
No party has any right to be heard either personally or by advocate before the Supreme Court when exercising its powers of revision:Provided that such court may, if it thinks fit, when exercising such powers, hear any party either personally or by advocate, and that nothing in this section shall be deemed to affect subsection (2) of section 329.331. Order on revision to be certified to lower court
When a case is revised by the Supreme Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and if necessary the record shall be amended in accordance therewith.Case stated
332. Cases stated by the Magistrates’ Court
After the hearing and determination by the Magistrates’ Court of any summons, charge, information or complaint, either party to the proceedings before the said Magistrates’ Court may, if dissatisfied with the said determination as being erroneous in point of law, or as being in excess of jurisdiction, apply in writing within thirty days after the said determination to the said Magistrates’ Court to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the Supreme Court, and such party (hereinafter called "the appellant") shall—333. Recognizance to be taken and fees paid
The appellant, at the time of making such application and before the case shall be stated and delivered to him by the Magistrates’ Court, shall in every instance enter into a recognizance before such Magistrates’ Court, with or without surety as to the Magistrates’ Court shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the same; and before he shall be entitled to have the case delivered to him, he shall pay to the clerk of the Magistrates’ Court his fees for and in respect of the case and recognisances, and any other prescribed fees to which such clerk shall be entitled, which fees shall be in accordance with the Sixth Schedule.If the appellant is then in custody, the court may liberate him upon the recognizance being further conditioned for his appearance before the same court within fourteen days after the judgment of the Supreme Court shall have been given to abide such judgment unless the determination appealed against be reserved.When appellant is ultimately sentenced to imprisonment, the time during which he is so released shall be excluded in computing the term for which he is sentenced.Nothing in this section shall apply to an application for a case stated by or under the direction of the Attorney General.334. Refusal of frivolous application
If the Magistrates’ Court be of opinion that the application is merely frivolous, but not otherwise, it may refuse to state a case, and shall, in the request of the appellant, sign and deliver to him a certificate of such refusal:Provided that the Magistrates’ Court shall not refuse to state a case when the application for that purpose is made to him by or under the direction of the Attorney General, who may require a case to be stated with reference to proceedings to which he was not a party.335. Procedure on refusal of court to state case
When the Magistrates’ Court has refused to state a case as aforesaid it shall be lawful for the appellant to apply to the Supreme Court within two months of such refusal, upon an affidavit of the facts, for a rule calling upon the Magistrates’ court and also upon the respondent to show cause why such case should not be stated, and the Supreme Court may make the same absolute or discharge it, with or without payment of costs, as to the court shall seem fit, and the Magistrates’ Court, upon being served with such absolute, shall state a case accordingly, upon the appellant entering into such recognizance as is hereinbefore provided.336. Hearing and determination by Supreme Court
The Supreme Court shall (subject to the provisions of section 337) hear and determine the question or questions of law arising on the case stated, and shall thereupon reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the Magistrates’ Court with the opinion of the Supreme Court thereon, or may make such orders as to costs, as to the court may seem fit, and all such orders shall be final and conclusive on all parties:Provided always that no Magistrate who shall state and deliver a case in pursuance of this part or bona fide refuse to state one shall be liable to any costs in respect or by reason of such appeal against his determination or refusal, and provided further that no costs shall be awarded against the Republic except where the Republic is the appellant.337. Case may be sent back for amendment or rehearing
The Supreme Court shall have power, if it thinks fit,—338. Powers of Magistrates’ Court after decision
After the decision of the Supreme court has been given on a case stated, the Magistrates’ Court in relation to whose determination the case has been stated, or any other Magistrates’ Court exercising the same jurisdiction, shall have the same authority to enforce any conviction or order, which may have been affirmed, amended or made by the Supreme Court, as the Magistrates’ Court which originally decided the case would have had to enforce its determination if the same had not been appealed against: and no action or proceeding whatsoever shall be commenced or had against the magistrate holding such court for enforcing such conviction or order, by reason or any defect in the same respectively.339. Appellant may not proceed both by case stated and by appeal
No person who has appealed under section 308 shall be entitled to have a case stated, and no person who has applied to have a case stated shall be entitled to appeal under section 308.340. Contents of case stated
A case stated by the Magistrates’ Court shall set out—341. Supreme Court may enlarge time
The Supreme Court may, if it deems fit, enlarge any period of time prescribed by sections 332, 333 or 335.Appeals from Supreme Court
342. Appeal from Supreme Court to the court of Appeal
342A. Reference by the Attorney-General
343. References to the Court of Appeal by the President
Part XI – Supplementary provisions
Irregular proceedings
344. Error or omission in charge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account—345. Distress not unlawful for defect or want of form in proceedings
No distress made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant or distress or other proceedings relating thereto.Inquiries as to sudden deaths
346. Magistrate empowered to hold inquests
Any Magistrate, and any person specially empowered in that behalf by the President, shall be empowered to hold inquests.347. Investigation in case of violent death
348. Court may call for evidence
The Magistrate may at any time during the course of the inquest summon any witness to give evidence, if such evidence is necessary for the purpose of the inquest.349. Finding
When the Magistrate has heard the evidence tendered by or on behalf of the Attorney General, he shall give his findings as to the cause of the death.350. Court not to express any opinion on the evidence
The Magistrate shall not express any opinion as to the guilt or innocence or otherwise of any person who may have been called to give evidence at the inquest, even if that person has not volunteered to give evidence therein.351. Inquest when obligatory
In the following cases the Attorney General shall be bound to order an inquest to be held—Directions in the nature of habeas corpus and writs
352. Power to issue directions of the nature of a habeas corpus
353. Power of the Supreme Court to issue writs
Miscellaneous
354. Persons before whom affidavits may be sworn
Affidavits and affirmations to be issued before the Supreme Court may be sworn and affirmed before a judicial officer.355. Shorthand notes of proceedings
Shorthand notes may be taken of the proceedings at the trial of any person before the Supreme Court, and a transcript of such notes shall be made if the court so directs, and such transcript shall for all purposes be deemed to be the official record of the proceedings at such trial.356. Copies of proceedings
If any person affected by any judgment or order passed in any proceedings under this Code desires to have a copy of the judgment or order or any deposition or other part of the record, he shall on applying for such copy be furnished therewith provided he pays for the same, unless the court for some special reason thinks fit to furnish it free of cost.357. Forms
Such forms as the Supreme Court may from time to time approve, with such variation as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. In the absence of directions to the contrary by the Supreme Court, the forms printed in the Fifth Schedule shall be used in the Magistrates’ Court.358. Expenses of jurors, witnesses, etc.
Subject to any enactment, any court may order payment on the part of the Government of the reasonable expenses of any jurors, complainant or witness attending before such court for the purposes of any inquiry, trial, or other proceeding under this Code. The fees in the Sixth Schedule shall be levied in proceedings in the Magistrates’ Court.359. Regulations
The president may by regulations amend, add to or alter the Third, Fourth, Fifth and Sixth Schedule of this Code.History of this document
23 June 2023 amendment not yet applied
12 November 2021 amendment not yet applied
01 June 2020 this version
Consolidation
01 February 1955
Commenced
Cited documents 0
Subsidiary legislation
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Title
|
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|---|---|
| Jurors (Scale of Allowances) Rules, 2024 | Statutory Instrument 21 of 2024 |
| Criminal Procedure (Habeas Corpus) Rules, 2015 | Statutory Instrument 12 of 2015 |
| Jurors (Travelling and Subsistence) Rules | Statutory Instrument 37 of 1982 |
| Prescription of Persons Notice | Statutory Instrument 61 of 1972 |
| Criminal Procedure (Minor Offences) Order | Statutory Instrument 113 of 1970 |
| Supreme Court (Record of Evidence) Rules | Statutory Instrument 15 of 1963 |